OntraqOntraq

Terms of Service

Last updated: 23 May 2026

Draft notice: These Terms are in their initial form and scheduled for legal review before public launch. The substantive provisions reflect our current intentions and standard Australian SaaS conventions. We will publish a revision date and notify existing users of any material changes — see clause 17.

1. About these Terms

These Terms of Service (Terms) form a legally binding agreement between you and The Trustee for Shineex Family Trust (ABN 53 103 510 319) (Ontraq, we, our, us), the operator of the Ontraq platform. The Ontraq platform consists of the website at ontraq.com.au, the Ontraq web application, and the Ontraq mobile applications for iOS and Android (collectively, the Service).

By creating an account, accessing the Service, or using any feature of it, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

If you are using the Service on behalf of an organisation (e.g. as a contractor managing a cleaning business), you represent that you have authority to bind that organisation to these Terms. References to you include the organisation where applicable.

2. Definitions

  • Customer Data — data submitted to the Service by you or your users, including site information, job records, cleaner profiles, invoices, payslips, photos, and GPS clock-in records.
  • Subscription — your paid plan with Ontraq (where applicable).
  • Subscription Fees — the recurring fees payable for your Subscription.
  • Billing Period — the recurring period your Subscription Fees cover (typically monthly or annually).
  • Trial Period — the 14-day free trial offered to new contractor accounts.
  • Personal Information — has the meaning given in the Privacy Act 1988 (Cth).
  • ACL — the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

3. Eligibility and accounts

You must be at least 16 years old to use the Service. By creating an account, you confirm that you meet this requirement and that the information you provide is accurate, current, and complete.

You are responsible for:

  • maintaining the confidentiality of your account credentials;
  • all activity occurring under your account (whether or not authorised by you);
  • notifying us promptly at support@ontraq.info if you suspect unauthorised access; and
  • using strong, unique passwords (minimum 8 characters as enforced by the Service).

4. Subscription, billing, and trial

The Service is offered on a subscription basis. Subscription Fees, plan inclusions, and Billing Periods are described on our Pricing page and may change from time to time in accordance with clause 17.

Free trial. New contractor accounts may be eligible for a Trial Period of 14 days during which paid features are available without charge. If you do not cancel before the Trial Period ends, your account will automatically convert to a paid Subscription billed at the rate then current for the plan selected during signup or onboarding.

Payment. Subscription Fees are billed in advance for each Billing Period via Stripe. By providing payment details, you authorise us (or our payment processor) to charge the applicable Subscription Fees for each renewing Billing Period until cancellation.

GST. All Subscription Fees are stated in Australian Dollars (AUD) and are inclusive of GST unless we expressly state otherwise. A valid tax invoice is available from your billing settings.

Failed payments. If a payment fails, we may retry, suspend access to paid features, and/or terminate the Subscription if non-payment continues for more than 14 days. You remain liable for outstanding fees that have accrued.

5. Cancellation and refunds

You may cancel your Subscription at any time through the billing settings in your account. Cancellation takes effect at the end of the current Billing Period; access to paid features continues until that date.

Refund policy. Except as required by the ACL or as expressly stated below, Subscription Fees are non-refundable and we do not pro-rate refunds for unused portions of a Billing Period. The following exceptions apply:

  • Accidental upgrade or annual conversion: if you contact us within 14 days of an annual Subscription purchase (including a trial-to-annual conversion) and have not used the Service materially during that period, we will refund the Subscription Fee in full.
  • Material service failure: if the Service materially fails to perform as described and we are unable to remedy the failure within a reasonable time after you notify us, you may be entitled to a refund of fees paid for the affected Billing Period.
  • ACL consumer guarantees: nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under the ACL that cannot lawfully be excluded.

Refund requests should be sent to support@ontraq.info with the subject line "Refund request."

6. Licence to use the Service

Subject to your compliance with these Terms and payment of applicable Subscription Fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your Subscription.

You must not, and must not permit any third party to:

  • copy, modify, distribute, sell, or sub-licence the Service or any part of it;
  • reverse-engineer, decompile, or attempt to derive source code;
  • access the Service to build a competing product or to benchmark its features;
  • use the Service to send unsolicited messages, spam, or unlawful content;
  • use automated means (scrapers, bots) except through APIs we expressly authorise;
  • circumvent or interfere with security, rate-limiting, or feature gating; or
  • impersonate any person or misrepresent your affiliation with any organisation.

7. Customer Data

You own all Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, transmit, process, and display Customer Data only to the extent necessary to provide the Service to you, comply with these Terms, and comply with law.

You are responsible for the accuracy, legality, and adequacy of Customer Data, including ensuring you have all necessary rights and consents to collect, upload, and share it through the Service. This includes, in particular, any Personal Information of your cleaners or other staff (their consent to GPS location tracking, step counting, and photographs taken on the job).

For Customer Data containing Personal Information about individuals other than the account holder (e.g. cleaners), the relationship between us is described in our Privacy Policy and (where applicable) our Data Processing Agreement: you are the data controller; we are the data processor acting on your instructions.

You may export Customer Data at any time during your Subscription via the export features in the Service. After termination, see clause 16.

8. Acceptable use

You must not use the Service to:

  • violate any law, regulation, or third-party right (including intellectual property, privacy, employment, and tax laws);
  • knowingly upload viruses, malware, or other harmful code;
  • harass, threaten, or harm any other user;
  • use the Service for tax evasion, sham contracting, or to misrepresent employment relationships;
  • collect data about other users beyond what the Service expressly permits;
  • resell, lease, or commercially redistribute access to the Service to third parties (except for use by your own cleaners, sub-contractors, and clients as the Service contemplates).

We may suspend or terminate accounts that breach this clause without notice if the breach is material or ongoing.

9. Third-party services

The Service integrates with and depends on third-party services including Supabase (database, authentication, storage), Stripe (payments), Resend (transactional email), Vercel (web hosting), Expo (mobile build and push notifications), Sentry (error monitoring), and OpenStreetMap Nominatim (geocoding). Use of those services is subject to their own terms.

We are not responsible for outages, failures, or losses caused by third-party services beyond our reasonable control. Where a third-party outage materially affects the Service, we will communicate status updates promptly.

10. Mobile app licence

The Ontraq mobile applications for iOS and Android are licensed, not sold, to you. Use of the iOS app is additionally subject to the standard Apple Licensed Application End User Licence Agreement available at apple.com/legal/internet-services/itunes/dev/stdeula. Use of the Android app is subject to the Google Play Terms of Service. To the extent of any inconsistency between those terms and these Terms, these Terms prevail except where the app-store terms are mandatory.

11. Intellectual property

We retain all right, title, and interest in and to the Service, including its software, design, branding, documentation, trademarks, and any improvements or feedback you provide. You retain all right, title, and interest in Customer Data.

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or attribution.

12. Confidentiality

Each party may receive confidential information from the other. Confidential information must be protected with the same degree of care a party uses for its own confidential information of like importance (and no less than reasonable care) and used only to perform under these Terms. This obligation survives termination for a period of three years, except for trade secrets which remain protected for so long as they qualify as trade secrets under law.

Customer Data is your confidential information. Customers' billing details, usage data, and account information are our confidential information vis-à-vis other customers.

13. Warranties and disclaimers

We warrant that we will provide the Service with due care and skill and that the Service will substantially conform to its description on our website at the time of your Subscription.

Except as expressly set out in these Terms and as required by the ACL or other non-excludable law:

  • the Service is provided on an "as is" and "as available" basis;
  • we do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components;
  • we do not warrant the accuracy of GPS location, geofence detection, step counts, or any data captured by your device hardware — these depend on the device and operating conditions outside our control;
  • we do not warrant that the Service will meet your specific business or compliance requirements.

Australian Consumer Law. Our goods and services come with guarantees that cannot be excluded under the ACL. For major failures with the Service, you are entitled to cancel and receive a refund of the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

14. Limitation of liability

To the maximum extent permitted by law (and subject to your non-excludable rights under the ACL and other applicable law):

  • neither party is liable to the other for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, lost data, or loss of goodwill, even if advised of the possibility;
  • each party's total aggregate liability arising out of or in connection with these Terms (whether in contract, tort including negligence, or otherwise) is capped at the Subscription Fees you paid us in the 12 months immediately preceding the event giving rise to the claim;
  • this limitation does not apply to (i) your obligation to pay Subscription Fees, (ii) breaches of confidentiality, (iii) indemnification obligations, or (iv) liability that cannot lawfully be limited.

15. Indemnification

You will indemnify us and our personnel against any loss, damage, cost (including reasonable legal fees), claim, or liability arising from:

  • your breach of these Terms or applicable law;
  • Customer Data infringing a third party's rights;
  • your relationships with your cleaners, clients, or staff (including any employment classification disputes, wage claims, or workplace incidents);
  • misuse of the Service by you or anyone using your account.

We will indemnify you against third-party claims that your authorised use of the Service infringes that third party's Australian intellectual property rights, subject to you (a) promptly notifying us, (b) giving us sole control of defence and settlement, and (c) cooperating with us at our expense.

16. Termination

Termination by you. Cancel your Subscription via billing settings (see clause 5). You may also close your account entirely via the Account & Data Deletion process.

Termination by us. We may suspend or terminate your access immediately if:

  • you materially breach these Terms and (where the breach is curable) do not cure it within 14 days of notice;
  • your account is more than 14 days overdue on payment;
  • we are required to do so by law or court order; or
  • continued provision of the Service would expose us or others to material legal, security, or reputational risk.

Effect of termination. On termination, your right to use the Service ends. Customer Data is retained per the schedule described in our Privacy Policy and the Account & Data Deletion page (tax-related records retained 5 years per ATO; auth logs 90 days; other Personal Information deleted within 30 days of a valid deletion request). Clauses that by their nature should survive termination (including 7, 11, 12, 13, 14, 15, and 19) survive.

17. Changes to these Terms

We may update these Terms from time to time. For material changes (changes that adversely affect your rights or significantly alter how the Service operates), we will give you at least 30 days' notice before the changes take effect, by email to the address on your account and/or by an in-app notice. For non-material changes (typos, clarifications, addition of new optional features), we will update the "Last updated" date.

If you do not accept a material change, you may cancel your Subscription before the change takes effect and receive a refund of any pre-paid Subscription Fees for periods after the change date. Continued use of the Service after the change date constitutes acceptance.

18. Notices

We may give you notices via email to the address on your account, via in-app messages, or by posting on our website. You may give us notices via support@ontraq.info. Notices are effective on receipt.

19. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the federal courts of Australia sitting in that State.

Before commencing legal proceedings, the parties will attempt in good faith to resolve any dispute by negotiation. If unresolved within 30 days, either party may proceed.

20. General

  • Entire agreement. These Terms, our Privacy Policy, and any DPA executed between us comprise the entire agreement between you and us regarding the Service.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to a successor in connection with a corporate reorganisation, merger, or sale of substantially all assets.
  • No waiver. A failure to enforce any provision is not a waiver of future enforcement.
  • Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

21. Contact

Questions about these Terms? Email support@ontraq.info.

Privacy PolicyAccount & Data DeletionData Processing Agreement