Terms of Service

These Terms of Service (“Terms”) govern access to and use of KookaburraOS by Tenants who create an account or subscribe to the service.

KookaburraOS is operated by Kookaburra Operating System Pty Ltd ABN 94 701 434 246, ACN 701 434 246, of Adelaide South Australia, Australia (“KookaburraOS”, “we”, “us” or “our”).

By creating an account, subscribing to a plan, accepting these Terms electronically, or using KookaburraOS, you agree to these Terms.

If you use KookaburraOS on behalf of a company, partnership, trust, sole trader business or other organisation, you confirm that you have authority to bind that organisation. In that case, “you” and “Tenant” mean that organisation.

If you do not agree to these Terms, you must not use KookaburraOS.

KookaburraOS is a business operating platform providing software and related services which may include:

• customer relationship management;
• inquiries and lead management;
• online bookings;
• customer portals;
• quoting and invoicing;
• receipts and payment records;
• payment integrations;
• expense management;
• financial reporting tools;
• banking and reconciliation integrations;
• job and project management;
• assessments;
• field service and dispatch;
• employee and contractor management;
• rostering and timesheets;
• asset management;
• inventory and product management;
• supplier management;
• loyalty programs;
• website and customer intake tools;
• messaging and mailbox integrations;
• marketing and analytics tools;
• artificial intelligence and automation functionality;
• mobile applications;
• industry-specific applications and workflows; and
• other features we introduce from time to time.

Features available to you depend on your subscription, industry configuration, account settings and any optional services you activate.

The person creating a Tenant account becomes the initial Account Owner unless account ownership is subsequently transferred through an authorised process.

The Account Owner controls:

• employees;
• contractors;
• administrators;
• managers;
• accountants or advisers;
• other authorised users;
• permissions;
• access levels; and
• connected applications.

You are responsible for determining who should have access to your account and what permissions each person receives.

You are responsible for activity performed by your Authorised Users where that activity occurs through access that you granted or failed reasonably to revoke.

You must promptly remove access for persons who leave your business or no longer require access.

You must:

• provide accurate account information;
• keep account information current;
• protect login credentials;
• use security features required by KookaburraOS;
• not share individual user credentials;
• notify us promptly if you become aware of unauthorised access; and
• take reasonable security precautions appropriate for your business.

We may require multi-factor authentication, identity verification, device verification or other security measures.

No internet-connected system can be guaranteed to be completely secure.

You must not use KookaburraOS:

• unlawfully;
• fraudulently;
• to mislead customers;
• to harass or abuse another person;
• to distribute malware or malicious code;
• to obtain unauthorised system access;
• to compromise another Tenant's data;
• to interfere with platform availability;
• to reverse engineer the platform except where expressly permitted by law;
• to circumvent usage or security controls;
• to distribute unlawful spam;
• to infringe third-party intellectual property rights;
• to process material you do not have lawful authority to process;
• to conduct prohibited or illegal businesses; or
• in a manner creating material security, legal or operational risk to KookaburraOS or other users.

Your customers are your customers.

Unless KookaburraOS expressly states otherwise for a particular service:

• you are the supplier of the goods or services offered by your business;
• KookaburraOS is the technology platform;
• you determine whether to accept or reject an inquiry;
• you determine your prices;
• you determine whether to issue or accept a quote;
• you are responsible for performing the work;
• you are responsible for licences, registrations and qualifications required for your work;
• you are responsible for warranties relating to your work;
• you are responsible for cancellations, refunds and customer disputes; and
• KookaburraOS does not become the contractor, tradesperson, consultant, retailer or professional supplying your customer merely because KookaburraOS facilitates the transaction.

You must comply with the Australian Consumer Law and other laws applicable to your dealings with customers.

KookaburraOS may provide hosted pages, embedded forms, booking functionality and customer portals.

You authorise KookaburraOS to receive information submitted through those facilities and make it available to you.

A submitted inquiry does not itself oblige you to accept work.

Where booking functionality is enabled, the legal effect of a booking will depend on the information displayed to the customer, your configured booking terms and applicable law.

You remain responsible for ensuring that:

• services displayed are accurate;
• availability is reasonably accurate;
• prices you control are accurate;
• cancellation conditions are lawful;
• information requested from customers is reasonably necessary for your operations; and
• any additional terms imposed by your business are communicated appropriately.

KookaburraOS may enable email, SMS, push notification, telephone or other communications.

You are responsible for communications sent by or on behalf of your business using the platform.

You must ensure you have any notices, permissions or consents required by applicable law before sending marketing communications, recording communications or contacting individuals.

KookaburraOS may send transactional communications necessary to operate the platform or a requested customer transaction.

KookaburraOS may integrate with payment providers, banking services, financial-data providers and other third parties.

These may include providers such as Stripe or other providers made available from time to time.

Additional terms imposed by those providers may apply.

Unless expressly stated otherwise:

• KookaburraOS is not a bank;
• KookaburraOS is not the provider of a customer's bank account;
• KookaburraOS does not guarantee payment authorisation;
• KookaburraOS does not guarantee settlement time;
• KookaburraOS is not responsible for a third-party provider freezing, delaying, reversing or rejecting a transaction; and
• you remain responsible for verifying payments and financial records relevant to your business.

“Tenant Data” means information entered, uploaded, imported, generated or received through your Tenant account, including:

• customer records;
• inquiry information;
• job information;
• correspondence;
• assessments;
• documents;
• quotes;
• invoices;
• receipts;
• expenses;
• supplier information;
• inventory records;
• employee and contractor information;
• financial information;
• photographs;
• videos;
• audio;
• attachments; and
• other business records.

Except for rights granted under these Terms, you retain your existing rights in Tenant Data created independently by you.

You are responsible for ensuring you have the authority necessary to provide Tenant Data to KookaburraOS.

You may use KookaburraOS to collect and process personal information relating to customers, suppliers, workers and other people.

You are responsible for ensuring your business has an appropriate legal basis for information that you independently collect or direct KookaburraOS to collect on your behalf.

Where KookaburraOS directly collects information under KookaburraOS Customer Submission Terms, Privacy Policy or Privacy Collection Notice, KookaburraOS may also have independent rights and obligations concerning that information.

You must not intentionally upload sensitive information unless:

• it is reasonably necessary for a lawful business purpose;
• the platform is intended to process that type of information; and
• any consent or other legal requirement has been satisfied.

Our collection and handling of personal information is also governed by our Privacy Policy and any applicable Privacy Collection Notice.

The Privacy Policy forms part of the overall KookaburraOS legal framework.

If there is a conflict between these Terms and a mandatory requirement of applicable privacy legislation, the mandatory legal requirement prevails.

KookaburraOS may use third-party service providers, including cloud infrastructure providers, communications providers, authentication providers, payment processors, banking-data providers, artificial-intelligence providers and other technology or professional service providers, where reasonably necessary to operate, secure, support, maintain and develop the KookaburraOS service.

KookaburraOS’s primary platform infrastructure is hosted using Google Cloud infrastructure located in Australia. We take reasonable technical, organisational and security measures to manage and protect information in accordance with applicable Australian privacy and data protection requirements.

You authorise KookaburraOS to engage and use service providers reasonably necessary to provide, secure, maintain and develop the service, subject to applicable law and our Privacy Policy.

Some service providers may process or store information outside Australia where permitted by applicable law and as further described in our Privacy Policy.

You may connect KookaburraOS with third-party services such as:

• Google;
• Microsoft;
• Meta;
• Stripe;
• banking-data providers;
• analytics services;
• advertising platforms;
• accounting systems;
• payroll systems; and
• other supported applications.

By enabling an integration, you authorise the exchange of information reasonably required to operate that integration.

Third-party products are governed by their own terms and privacy practices.

KookaburraOS is not responsible for the independent acts, omissions, security or availability of third-party providers except to the extent responsibility cannot lawfully be excluded.

KookaburraOS may provide AI-generated:

• classifications;
• summaries;
• draft quotes;
• pricing suggestions;
• job-cost estimates;
• document extraction;
• financial classifications;
• workflow suggestions;
• predictions;
• benchmarks;
• recommendations; and
• other generated outputs.

AI output may contain errors.

You must apply appropriate human judgment before relying on AI output for customer commitments, pricing, safety decisions, tax matters, regulatory decisions or professional work.

Where professional licensing, technical inspection or expert judgment is required, AI output does not replace that requirement.

KookaburraOS is a software platform.

Unless expressly agreed under a separate professional-services engagement, information generated by KookaburraOS is not accounting, tax, legal, engineering, building, electrical, plumbing, medical or other professional advice.

You remain responsible for obtaining professional advice appropriate to your circumstances.

You are responsible for reviewing financial reports, BAS-related information, tax classifications and other compliance information before relying upon or submitting them.

KookaburraOS and its licensors own all rights in the platform and its underlying intellectual property, including:

• software;
• source code;
• APIs;
• databases;
• designs;
• workflows;
• templates;
• branding;
• artificial-intelligence systems;
• model configurations;
• training methodologies;
• algorithms;
• datasets created by KookaburraOS;
• documentation; and
• platform improvements.

Your subscription grants you a limited, non-exclusive, non-transferable right to use applicable KookaburraOS services while your account remains authorised.

It does not transfer ownership of the KookaburraOS platform to you.

If you voluntarily provide suggestions, feature requests, concepts or feedback concerning KookaburraOS, you permit us to use that feedback without restriction or payment to you.

Subscriptions may contain limits relating to:

• users;
• transactions;
• storage;
• messages;
• API calls;
• AI usage;
• document processing;
• integrations;
• bookings;
• websites; or
• other measurable services.

Applicable limits will be displayed in the plan, account or relevant feature.

We may apply reasonable safeguards against excessive, abusive or technically harmful usage.

Where practicable, we will notify you before restricting ordinary business use because of fair-use concerns.

We aim to provide reliable access to KookaburraOS, but uninterrupted availability is not guaranteed.

Services may be unavailable because of:

• maintenance;
• upgrades;
• security work;
• infrastructure failures;
• internet failures;
• third-party failures;
• emergencies; or
• events outside our reasonable control.

Where reasonably practicable, we will provide notice of material planned maintenance.

Features identified as beta, experimental, preview or early-access may:

• change significantly;
• contain errors;
• be incomplete;
• have additional limitations; or
• be discontinued.

You should not rely exclusively on experimental functionality for critical business processes.

We may suspend all or part of an account where reasonably necessary because:

• subscription fees remain overdue after reasonable notice;
• we reasonably suspect fraud;
• there is a material security threat;
• use of the account is unlawful;
• continued operation would expose customers, KookaburraOS or others to material harm;
• you materially breach these Terms; or
• suspension is required by law.

Where appropriate, we will provide notice and a reasonable opportunity to remedy the issue.

Immediate suspension may occur where necessary to address urgent security, fraud, legal or safety risks.

You may cancel your subscription using available account controls or another method we provide.

Unless otherwise specified in your subscription:

• cancellation takes effect at the end of the paid billing period;
• no further recurring charge will be made after cancellation takes effect; and
• amounts already properly charged are not refundable merely because you stop using the service during the paid period.

Nothing in this clause limits refund rights that cannot legally be excluded.

We may terminate a subscription for material breach where:

• the breach cannot reasonably be remedied; or
• you fail to remedy a remediable breach within a reasonable period after notice.

We may terminate immediately for serious fraud, illegal activity or material security abuse.

Following termination, access to Tenant Data may be restricted.

We may provide a reasonable period in which you can export available Tenant Data, subject to technical limitations, security requirements, outstanding lawful restrictions and the features available to your account.

We may subsequently delete or anonymise Tenant Data in accordance with our retention policies.

Termination does not require KookaburraOS to delete:

• records required by law;
• security or audit logs;
• backup copies retained for ordinary backup cycles;
• de-identified or aggregated data;
• model parameters;
• information already incorporated into lawful development datasets; or
• information KookaburraOS has an independent legal right to retain.

Each party must take reasonable steps to protect confidential information received from the other party and must not use or disclose it except:

• to perform these Terms;
• with permission;
• to professional advisers or service providers subject to appropriate obligations;
• where the information is already lawfully public;
• where independently developed; or
• where disclosure is required by law.

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, statutory guarantee, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

Where legislation permits us to limit a remedy for failure to comply with a statutory guarantee relating to services, our liability may be limited to supplying the services again or paying the cost of having those services supplied again.

To the maximum extent permitted by law:

KookaburraOS is not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of anticipated savings or loss arising from decisions made solely in reliance on unverified software or AI output.

Subject to liabilities that cannot lawfully be limited, KookaburraOS’s aggregate liability arising from or relating to your subscription during any 12-month period will not exceed the subscription fees actually paid by you to KookaburraOS during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to the extent liability arises from fraud, wilful misconduct or another liability that applicable law does not permit us to limit.

To the extent permitted by law, you are responsible for losses reasonably incurred by KookaburraOS arising directly from a third-party claim resulting from:

• your unlawful use of KookaburraOS;
• content you uploaded without required rights;
• communications sent unlawfully by your business;
• your material breach of privacy obligations;
• your fraudulent conduct; or
• your material breach of these Terms,

except to the extent the loss was caused or contributed to by KookaburraOS.

If a dispute arises, each party should first attempt to resolve it in good faith.

A party should provide reasonable details of the dispute and allow the other party a reasonable opportunity to respond.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief or exercising rights that cannot lawfully be restricted.

We may update these Terms as KookaburraOS develops.

Changes will not apply retrospectively to conduct occurring before they take effect.

For material changes affecting an existing paid Tenant, we will provide reasonable advance notice where practicable.

The current version and effective date will be published through KookaburraOS.

You agree that agreements, notices and records may be created and provided electronically.

We may keep records showing:

• the Terms version accepted;
• the account accepting them;
• date and time of acceptance;
• relevant user identifiers;
• technical records associated with acceptance; and
• later versions accepted.

You may not transfer your Tenant account to another unrelated person or entity without following an authorised account-transfer process or receiving our consent.

KookaburraOS may transfer this Agreement as part of a corporate restructure, financing, merger, acquisition or sale of all or substantially all of the relevant KookaburraOS business, subject to applicable law.

If part of these Terms is invalid or unenforceable, it will be read down to the extent possible.

If it cannot be read down, that part will be severed and the remaining Terms will continue.

These Terms do not create a partnership, employment relationship, joint venture or general agency relationship between you and KookaburraOS.

These Terms are governed by the laws of South Australia, Australia.

Subject to any mandatory rights applying elsewhere, the courts of South Australia and applicable Commonwealth courts have jurisdiction in relation to disputes concerning these Terms.

Legal notices and questions concerning these Terms may be sent to:

By creating a KookaburraOS Tenant account or continuing to use KookaburraOS after accepting these Terms, you acknowledge that you have read and agreed to them.