Acceptance of Agreement
Welcome to Beta Hub. These Terms of Service (the "Agreement" or "Terms") constitute a legally binding agreement between Beta Hub Pty Ltd ("Beta Hub", "Company", "we", "us", or "our") and the legal entity, franchise system, business operator, or individual user ("User", "Licensee", "you", or "your") accessing or utilizing the Beta Hub CRM platform, smart scheduling modules, mobile applications, and associated services (collectively, the "Service" or "Platform").
By registering for an account, accessing the Platform, or authorized personnel signing an Order Form, you unconditionally covenant and agree to be bound by all the provisions of this Agreement. If you are entering into this Agreement on behalf of a corporation, franchise branch, or other legal entity, you represent and warrant that you possess full legal authority to bind such entity. If you do not agree to these Terms, you must immediately terminate all use of the Platform.
SaaS License & Limitations
Subject to your compliance with the terms of this Agreement and payment of all applicable subscription fees, Company grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform during your active subscription term. The Service is tailored specifically for HVAC, air purification, and home maintenance operations, facilitating smart customer engagement, field technician coordination, and dynamic dispatch routing.
You agree to use the Platform strictly in compliance with all applicable regulations. You shall not, directly or indirectly:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying algorithms of the Platform.
- Modify, translate, adapt, or create derivative works of any part of the Service or its documentation.
- Sublicense, lease, rent, distribute, or exploit the Platform for timesharing or service bureau purposes.
- Bypass, disable, or interfere with any security measures or usage limits integrated into the Platform.
- Utilize the outbound communication engines (SMS, automated voice calls, email sync) to distribute unsolicited marketing messages in violation of the Australian Spam Act 2003 or local anti-spam regulations.
Member Covenants & Security
To gain access to the Platform, you must establish an administrative account and configure individual user credentials for your employees, contractors, and field technicians. You represent and covenant that all registration details provided to the Company are accurate, current, and complete.
You maintain sole responsibility for safeguarding the confidentiality of your account credentials, passwords, and API integrations. You agree to assume responsibility for all activities, actions, and transactions executed through your administrative workspace. In the event of unauthorized access, account compromise, or security vulnerabilities within your business system, you must notify the Company immediately at support@betahub.com.au.
Financial Terms & Recurring Billing
Subscription Fees: You agree to pay all subscription, licensing, and set-up fees specified during registration or outlined in your Order Form. All billing is processed in Australian Dollars (AUD), and values are exclusive of GST unless explicitly stated otherwise.
Automatic Renewal: Subscription fees are billed on an automatic recurring monthly or annual cycle. You authorize the Company to charge your registered credit card or bank account on file on the first day of each billing period.
Usage-Based Billing: Outbound integrations, including telephony voice calls, interactive SMS routing, and address validation API calls (e.g., via Twilio or Google Maps), are billed dynamically on a prepaid or usage basis as configured in your billing settings.
Cancellation & Refunds: You may terminate your subscription at any time via the billing console. Upon cancellation, your access will persist until the end of the current billing cycle. All payments are non-refundable, except to the extent required under the non-excludable consumer guarantees of the Australian Consumer Law (ACL).
Proprietary Rights & Data Handling
Beta Hub Property: The Platform, including its user interface designs, logos, software engines, AI lead scoring models, database structures, documentation, and proprietary algorithms, remains the exclusive property of Beta Hub. No ownership rights are transferred to you under this Agreement.
Licensee Data: You retain ownership, title, and intellectual property rights over all customer contacts, booking logs, service records, and communication histories uploaded to or compiled by you in the Platform ("Licensee Data"). You grant Company a limited, worldwide, royalty-free license to host, transmit, copy, format, and evaluate Licensee Data solely for the purpose of delivering the Service, executing AI scoring algorithms, and improving overall Platform functionality.
Data Security: We implement security measures, including 256-bit SSL encryption for data in transit and at-rest storage in secure Australian-based cloud facilities. You acknowledge, however, that no method of transmission over the internet or cloud storage is completely infallible, and Company does not guarantee absolute security.
Disclaimers & Indemnification
As-Is Basis: To the maximum extent permitted by applicable law, including the Australian Consumer Law, the Service and all AI-driven modules are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory.
Limitation of Liability: Under no circumstances shall Beta Hub be liable for any indirect, special, exemplary, incidental, or consequential damages, including loss of revenue, business opportunities, goodwill, customer contracts, or database corruption, arising out of the use or inability to use the Platform. Our maximum aggregate liability under this Agreement shall not exceed the subscription fees paid by you to the Company in the twelve (12) months preceding the event giving rise to liability.
Indemnification: You covenant to defend, indemnify, and hold harmless Beta Hub and its affiliates from and against any third-party claims, liabilities, losses, damages, and legal costs arising from your breach of this Agreement, unauthorized use of client contact databases, or violation of local communication and privacy laws.
Dispute Resolution & Governing Law
Jurisdiction: This Agreement, its construction, and any disputes arising out of or relating to your use of the Platform shall be governed by, interpreted, and enforced in accordance with the laws of Queensland, Australia.
Resolution Process: Prior to initiating formal litigation, both parties covenant to make a good-faith effort to resolve any conflict through friendly dispute consultation. If the conflict remains unresolved after forty-five (45) days of initial notification, either party may refer the matter to arbitration in Brisbane, Queensland, or submit exclusively to the jurisdiction of the state and federal courts located in Brisbane, Queensland, Australia.