Terms of Service

1. Eligibility and Account Registration

• You must be at least 18 years old and legally capable of entering into a binding contract under the laws of Australia.
• You must provide accurate, complete, and current registration information including your legal name, a valid email address, and (for business accounts) your ABN. You agree to keep this information up to date.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorised by you.
• You must notify us immediately of any actual or suspected unauthorised use of your account at support@tradehub.com.au.
• One person or legal entity may not maintain more than one free account. Circumventing this restriction (e.g., by creating multiple accounts) may result in permanent suspension.
• If your account is used by multiple individuals within your organisation, you are responsible for ensuring all such individuals comply with these Terms.

2. Subscription Plans and Payment

2.1 Plans

TradeHub offers Free, Pro, and Enterprise subscription tiers. Plan features, user limits, and functionality are described on the pricing page at tradehub.app/#pricing. We reserve the right to modify plan features or pricing with at least 30 days' written notice to existing subscribers. If you do not accept a price change, you may cancel before the new pricing takes effect.

2.2 Free Plan

The Free plan is available at no cost, subject to the usage limits described on the pricing page. We may modify or withdraw the Free plan at any time with 30 days' notice. The Free plan does not include a service level agreement.

2.3 Free Trial

Paid plans include a 14-day free trial. No credit card is required to start. At the end of the trial, access to paid features is suspended until a valid subscription is activated. You may only use one free trial per entity.

2.4 Billing and Payment

• Subscriptions are billed monthly or annually in advance in Australian Dollars (AUD), inclusive of GST (where applicable).
• Payments are processed by Stripe, Inc. By providing payment details you authorise recurring charges in accordance with your chosen billing cycle.
• If a payment fails, we will retry the charge and notify you. Access will be suspended after a 7-day grace period if the overdue balance remains unpaid.
• Annual plans are billed in full upfront. Downgrading from an annual plan mid-cycle does not entitle you to a pro-rata refund except as required by the Australian Consumer Law (ACL).
• Tax invoices (compliant with ATO requirements) are issued automatically on each billing date and accessible from Account Settings > Billing.

2.5 Refunds

Subscription fees are generally non-refundable. Exceptions apply where required by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including where the Services are not of acceptable quality or are not fit for the purpose we described. If you cancel, you retain access until the end of your current paid billing period.

3. Escrow and Payment Services

3.1 Description

TradeHub provides milestone-based escrow functionality ("Escrow Service") to facilitate payments between trade businesses ("Contractors") and their clients ("Clients"). Funds deposited into escrow are held in a designated trust account and are not commingled with TradeHub's operational funds.

3.2 Funding

Before work commences on a milestone, the Client must deposit the agreed milestone amount into escrow. Work should not commence until the deposit is confirmed. TradeHub is not responsible for work performed before escrow funding is confirmed.

3.3 Milestone Release

Funds are released to the Contractor upon the earliest of: (a) Client approval of the completed milestone within the platform; (b) automatic release upon expiry of the review period (default 72 hours after milestone completion is submitted, unless a dispute is raised); or (c) resolution of a dispute per Section 3.5.

3.4 Evidence Requirements

To request milestone release, Contractors must submit supporting evidence (e.g., photos, sign-off sheets, completion certificates) through the platform. TradeHub does not independently verify the accuracy, completeness, or quality of submitted evidence; this is the responsibility of the parties.

3.5 Dispute Resolution

If a Client raises a dispute before the review period expires, the release of funds is frozen. Both parties have 14 calendar days to submit documentation and their position via the platform. TradeHub will review submissions in good faith and issue a determination within 10 business days. TradeHub's determination is binding on the parties for the purposes of escrow release, but does not constitute a legal adjudication. Either party may pursue their legal remedies independently.

3.6 Transaction Fees

TradeHub charges a 1.5% transaction fee on funds released through the Escrow Service (minimum $5 AUD per transaction), deducted from the released amount. This fee is in addition to any payment processing fees charged by our payment provider. Additional fees may apply to international transfers or currency conversion.

3.7 Regulatory Compliance

TradeHub's Escrow Service is provided in compliance with applicable Australian financial services and trust account laws. TradeHub holds an Australian Financial Services Licence (AFSL) or operates under an applicable exemption. Escrow transactions may be subject to AML/CTF identification and reporting obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth).

4. Marketplace

TradeHub operates a marketplace ("Marketplace") that connects Clients with Contractors. By posting a listing or accepting a job through the Marketplace, you agree to the following:

• You are solely responsible for the accuracy of your profile, trade qualifications, licences, and any representations you make to other users.
• TradeHub is a platform intermediary only. TradeHub is not a party to any contract formed between Clients and Contractors through the Marketplace.
• Contractors are independent service providers and are not employees, agents, or contractors of TradeHub. TradeHub does not supervise, direct, or control the work of Contractors.
• Contractors must hold all licences, registrations, and insurance required by applicable Australian law for the services they offer. Uploading false or expired credentials is a material breach of these Terms.
• Reviews and ratings submitted on the Marketplace must be honest, accurate, and based on genuine experience. False, defamatory, or retaliatory reviews may be removed and may result in account suspension.
• TradeHub reserves the right to remove any listing or profile that violates these Terms or that we deem inappropriate in our sole discretion.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law or regulation, including tax, financial services, privacy, consumer protection, workplace health and safety, or anti-money laundering laws.
• Submit false, misleading, or fraudulent information including fake job records, inflated invoices, false compliance documents, or fabricated reviews.
• Reverse engineer, decompile, disassemble, or create derivative works from any part of the platform.
• Scrape, crawl, or systematically extract data from the Services using automated means without our prior written consent.
• Transmit malware, ransomware, spam, phishing content, or any material that is harmful, offensive, unlawful, or infringes third-party rights.
• Attempt to gain unauthorised access to other user accounts, our systems, or any connected networks.
• Circumvent or bypass subscription limits, trial restrictions, or any technical measures we use to protect the Services.
• Use the Services to facilitate money laundering, tax evasion, or any other financial crime.
• Use or disclose another user's personal information obtained through the platform for any purpose other than completing a legitimate transaction on the platform.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

Violation of this section may result in immediate suspension or termination of your account and may be referred to relevant regulatory authorities.

6. AI Copilot

The AI Copilot feature is powered by third-party AI models (currently Anthropic Claude). By using the AI Copilot, you acknowledge and agree that:

• AI outputs are generated automatically and may be inaccurate, incomplete, out of date, or inappropriate. You are solely responsible for reviewing, verifying, and deciding whether to act on any AI-generated content.
• AI responses do not constitute legal, financial, tax, safety, or professional advice. You should consult a qualified professional before relying on any AI output for those purposes.
• Your prompts and relevant business context are sent to Anthropic's API as described in our Privacy Policy (Section 10). Do not include sensitive personal information or credentials in AI prompts.
• AI usage is subject to monthly token limits per subscription tier. Exceeding your plan limit will suspend AI Copilot access until the next billing cycle, unless you upgrade your plan.
• We reserve the right to modify, suspend, or discontinue the AI Copilot feature at any time. We will endeavour to provide reasonable notice of material changes.

TradeHub provides no warranty regarding the accuracy of AI outputs and accepts no liability for decisions made in reliance on AI-generated content.

7. Compliance Features

TradeHub provides tools to assist with compliance record-keeping including SWMS management, licence tracking, induction records, and sub-contractor document management. These tools are provided for administrative convenience only and do not constitute legal, safety, or regulatory advice. You remain solely responsible for ensuring your business and all personnel comply with all applicable workplace health and safety, licensing, insurance, workers' compensation, and industry regulation requirements in each jurisdiction in which you operate. TradeHub does not verify the legal adequacy of any documents you upload or create using these features.

8. Intellectual Property

8.1 TradeHub Intellectual Property

The Services, including all software, source code, algorithms, designs, trademarks, trade names, service marks, logos, and proprietary content, are owned by or licensed to TradeHub and protected by Australian and international intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services solely as permitted by these Terms. No other rights are granted. You must not remove any copyright, trademark, or other proprietary notices from any part of the Services.

TradeHub's core technology is protected by provisional patent applications lodged with IP Australia and the United States Patent and Trademark Office (USPTO). Patent pending.

8.2 Your Content

You retain ownership of all data, documents, and content you submit to the Services ("Your Content"). By submitting Your Content, you grant TradeHub a worldwide, royalty-free, non-exclusive licence to host, store, process, transmit, and display Your Content solely as necessary to provide the Services to you and your authorised users. This licence terminates when you delete Your Content or close your account, subject to retention obligations described in our Privacy Policy.

You represent and warrant that: (a) you own or have sufficient rights to Your Content to grant this licence; (b) Your Content does not infringe any third-party intellectual property, privacy, or other rights; and (c) Your Content does not violate applicable law.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant TradeHub an irrevocable, royalty-free, worldwide licence to use that feedback for any purpose without compensation or attribution.

9. Confidentiality

Each party may have access to the other's confidential information in connection with these Terms. "Confidential Information" means any non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the circumstances.

Each party agrees to: (a) keep the other's Confidential Information strictly confidential; (b) not disclose it to any third party without prior written consent; and (c) use it only for the purpose of performing obligations or exercising rights under these Terms.

Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known to the receiving party at the time of disclosure; (c) is received from a third party without restriction; or (d) is independently developed by the receiving party. This obligation survives termination of these Terms for 3 years.

10. Disclaimers and Warranties

10.1 Service Availability

To the extent permitted by law, the Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or free from harmful components.

For paid plans, we target 99.5% monthly uptime (excluding planned maintenance). Planned maintenance will be communicated at least 48 hours in advance via in-app notice and email. Enterprise plans are subject to a separately agreed SLA.

10.2 Third-Party Services

TradeHub integrates with third-party services including Stripe, Anthropic, and Google Maps. We are not responsible for the availability, accuracy, or conduct of any third-party service provider. Your use of third-party services integrated with TradeHub is subject to those providers' own terms and policies.

11. Limitations of Liability

11.1 Cap on Liability

To the maximum extent permitted by the ACL and other applicable law, TradeHub's total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Services is limited to the greater of: (a) the total subscription fees you paid to TradeHub in the 12 months immediately preceding the event giving rise to the claim; or (b) AUD $100.

11.2 Excluded Losses

To the maximum extent permitted by law, TradeHub is not liable for any: indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, revenue, data, business, goodwill, or anticipated savings; loss arising from a third-party claim; or cost of substitute goods or services — even if advised of the possibility of such losses.

11.3 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded or limited. If you are a consumer within the meaning of the ACL, your statutory rights are not affected by these Terms.

11.4 Business Use Limitation

Where the Services are acquired for the purposes of a business (within the meaning of the ACL), and TradeHub would otherwise have liability to you for a failure to comply with a statutory guarantee, TradeHub limits its liability (to the extent permitted by law) to re-supplying the relevant service or paying the cost of having the service re-supplied.

12. Indemnification

You agree to indemnify, defend, and hold harmless TradeHub and its officers, directors, employees, agents, and licensors from any claims, liabilities, damages, judgments, losses, costs, expenses, and legal fees arising out of or relating to: (a) Your Content; (b) your use of the Services in violation of these Terms; (c) your breach of any representation, warranty, or obligation under these Terms; (d) your violation of any third-party right, including intellectual property, privacy, or confidentiality rights; or (e) your violation of applicable law. TradeHub reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with TradeHub's defence.

13. Termination

13.1 By You

You may cancel your subscription at any time through Account Settings > Billing > Cancel Subscription. Cancellation takes effect at the end of the current billing period; you retain access to the Services until that date. The Free plan may be closed at any time.

13.2 By TradeHub

We may suspend or terminate your account and access to the Services:

• Immediately and without notice for: material breach of these Terms; fraudulent, illegal, or abusive conduct; failure to pay (after the grace period); or actions that may create legal liability for TradeHub or harm other users.
• With 30 days' written notice for any other reason.

13.3 Effect of Termination

Upon termination, your right to access the Services ceases immediately. We will retain your account data for 90 days following termination, during which you may request a full data export. After 90 days, your data will be deleted subject to legal retention requirements (see Privacy Policy Section 7). Any escrow funds held at the time of termination will be processed in accordance with the terms applicable at the time of the relevant transaction.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law principles. You and TradeHub submit to the exclusive jurisdiction of the courts of New South Wales, and the Federal Court of Australia sitting in Sydney, for any dispute arising from these Terms.

14.2 Dispute Resolution Process

Before initiating any legal proceedings, both parties agree to follow this process:

1. The complaining party must notify the other in writing, describing the nature and proposed resolution of the dispute.
2. Both parties must engage in good-faith negotiations for a minimum of 30 days from the date of notice.
3. If unresolved, either party may refer the dispute to mediation through the Australian Disputes Centre (ADC) before commencing litigation.

Nothing in this clause prevents either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.

15. General Provisions

• Entire Agreement: these Terms, together with the Privacy Policy and any order forms or plan descriptions, constitute the entire agreement between you and TradeHub regarding the Services and supersede all prior agreements and understandings.
• Severability: if any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
• Waiver: failure by TradeHub to enforce any right or provision of these Terms will not constitute a waiver of that right.
• Assignment: you may not assign or transfer these Terms or any rights under them without our prior written consent. TradeHub may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: TradeHub will provide notices to you via the email address on your account or via in-app notification. You may give notices to TradeHub at legal@tradehub.com.au.
• Updates to Terms: we may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or in-app notification. Your continued use after the effective date constitutes acceptance of the updated Terms.
• Force Majeure: neither party is liable for any failure or delay in performance due to circumstances beyond that party's reasonable control, including natural disasters, acts of government, pandemic, or infrastructure failures, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.
• Survival: Sections 8 (Intellectual Property), 9 (Confidentiality), 11 (Limitations of Liability), 12 (Indemnification), 14 (Governing Law), and 15 (General Provisions) survive any termination of these Terms.

16. Contact

For questions or notices regarding these Terms: