BizPilot Australia — Terms of Service

1. Agreement

These Terms constitute a legally binding agreement between NEXA DIGITAL PTY LTD trading as BizPilot, ABN 39 676 911 309, and the business, company, organisation or other entity purchasing, subscribing to or using BizPilot ("Customer"). The individual accepting these Terms represents that they have authority to bind the Customer.

2. Acceptance

The Customer accepts these Terms by: creating a BizPilot business account; accepting an Order Form; purchasing a subscription; clicking to accept these Terms; or accessing or using BizPilot.

3. Platform

BizPilot provides cloud-based business-management technology. Features may include Recruitment; HR; Contracts; Onboarding; Training; Rostering; Time & Attendance; Payroll; Compliance; Reservations; Events; Gift Cards; Customers; Finance; Marketing; Stock; Suppliers; Ordering; Costing; Analytics; Integrations; and AI Co-Pilot. Features may vary according to subscription, location, integration availability and jurisdiction.

4. Customer responsibilities

The Customer is responsible for: Customer Content; account configuration; authorised users; user permissions; credentials; employment decisions; employee classifications; pay rates; payroll approval; taxation obligations; superannuation obligations; workplace obligations; required privacy notices; required consent; lawful use of location information; reviewing AI output; verifying financial information; maintaining required records; and ensuring its use complies with applicable law.

5. BizPilot is a technology provider

BizPilot provides software. Unless separately agreed in writing, BizPilot does not act as the Customer's lawyer; accountant; registered tax agent; financial adviser; HR adviser; workplace-relations adviser; payroll adviser; superannuation adviser; migration adviser; or insurance adviser. Platform information does not replace professional advice.

6. Payroll

BizPilot may provide functionality involving wages; salary; PAYG; superannuation; allowances; overtime; penalties; leave; deductions; payroll reporting; and STP preparation or submission. The Customer remains responsible for reviewing payroll before finalisation, submission or payment. To the extent permitted by law, BizPilot is not responsible for an incorrect outcome caused by inaccurate, incomplete or incorrectly configured Customer information.

7. Fair Work and awards

BizPilot may provide functionality or information concerning modern awards; classifications; rates; allowances; penalties; and employment conditions. The Customer remains responsible for correctly determining applicable employment obligations.

8. Artificial intelligence

AI-generated information may be inaccurate, incomplete, outdated or unsuitable. Customers must exercise appropriate human judgement. AI output should not be the sole basis for significant employment, legal, payroll, financial or safety decisions.

9. AI actions

BizPilot may allow Co-Pilot to prepare or recommend actions. Actions involving material HR or financial consequences may require explicit human confirmation. Customers remain responsible for actions authorised through their account.

10. Customer Content

"Customer Content" means information, data, records, documents, files, media and other content submitted to or generated within the Customer's BizPilot environment. The Customer retains ownership of Customer Content. The Customer grants BizPilot a non-exclusive licence to host, copy, process, transmit and otherwise use Customer Content only to the extent reasonably required to: provide BizPilot; provide authorised functionality; operate integrations; provide support; maintain security; prevent abuse; and satisfy legal obligations.

11. Authority

The Customer represents that it has the rights, permissions and authority required to provide Customer Content to BizPilot.

12. Confidentiality

Each party must protect the other's confidential information using reasonable care and use it only for purposes associated with the contractual relationship, except where disclosure is authorised or required by law.

13. Intellectual property

BizPilot and its licensors retain all intellectual-property rights in software; interfaces; source code; object code; designs; databases; algorithms; workflows; documentation; AI systems; product architecture; trademarks; branding; and improvements. No ownership rights are transferred except where expressly agreed.

14. Acceptable use

Users must not: access systems without authority; compromise security; introduce malware; bypass access controls; misuse personal information; unlawfully monitor individuals; use BizPilot to unlawfully discriminate; infringe intellectual property; interfere with Platform availability; or use BizPilot unlawfully.

15. Account security

Customers must protect administrator credentials; use appropriate access controls; maintain user permissions; remove former users; and promptly report suspected compromise. BizPilot may require MFA or other reasonable security measures.

16. Integrations

BizPilot may integrate with third-party services. Third-party functionality may change or become unavailable if a provider changes its API, permissions, pricing, service or terms. BizPilot does not guarantee indefinite availability of third-party integrations.

17. Payments and Stripe

Where Stripe or another payment provider is used, the relevant payment service may be subject to that provider's terms. BizPilot is not a bank merely because payment functionality is facilitated through the Platform.

18. Gift Cards

Where a Customer sells Gift Cards through BizPilot, the Customer is the issuer of the Gift Card unless expressly agreed otherwise. BizPilot provides technology supporting purchase; issuance; codes; balances; delivery; redemption; and reporting. The Customer remains responsible for its Gift Card obligations and compliance with applicable law. BizPilot may implement minimum expiry and other safeguards required by applicable law.

19. Subscription fees

Charges may include subscription fees; per-employee charges; user fees; add-on charges; transaction fees; SMS/communication charges; integration fees; and usage fees. Applicable charges will be disclosed through the relevant plan or Order Form.

20. GST

Applicable Australian GST will be charged or displayed as required.

21. Billing

The Customer authorises BizPilot and applicable payment providers to charge agreed fees to the Customer's payment method.

22. Renewal

Where clearly disclosed during purchase, subscriptions may automatically renew unless cancelled before the applicable renewal date.

23. Cancellation

Customers may cancel according to the applicable subscription terms. Unless law requires otherwise, cancellation ordinarily prevents future renewal rather than retrospectively cancelling services already supplied.

24. Price changes

BizPilot may change future pricing. Existing Customers affected by a material change should receive reasonable notice, with changes ordinarily applying from a future billing or renewal period.

25. Trials

Trials and promotions may have separate conditions, eligibility requirements and expiry periods.

26. Beta functionality

Beta, preview and early-access functionality may contain errors; change; be unavailable; or be withdrawn. Customers should not rely upon beta functionality for critical business processes unless expressly designated production-ready.

27. Platform changes

BizPilot may continually develop and modify the Platform. Where reasonably practicable, BizPilot will provide notice where a material paid core feature is permanently removed without an appropriate replacement.

28. Availability

BizPilot aims to provide reliable service but does not guarantee uninterrupted or error-free availability. Service may be affected by maintenance; internet failures; third-party services; cloud infrastructure; cybersecurity incidents; force majeure; or matters outside reasonable control.

29. Maintenance

BizPilot may perform maintenance, upgrades and security work. Urgent security work may occur without advance notice.

30. Backups

BizPilot may maintain reasonable backup and recovery processes appropriate to its service. Customers remain responsible for retaining independent records where required by law.

31. Suspension

BizPilot may reasonably suspend access because of material non-payment; suspected fraud; serious security risk; unlawful use; material breach; sanctions; attempted compromise; or abuse. Where reasonable, notice should be provided.

32. Termination

Either party may terminate in accordance with the applicable subscription or Order Form. A material remediable breach should generally be subject to a reasonable cure period. Serious fraud, deliberate compromise or unlawful conduct may permit immediate termination.

33. Data following termination

Where technically and legally practicable, BizPilot may provide a reasonable period for Customers to export Customer Content following termination. After applicable retention periods, BizPilot may delete or de-identify Customer Content unless retention is legally permitted or required.

34. No guaranteed results

BizPilot does not guarantee increased revenue; increased profit; lower expenses; successful recruitment; complete regulatory compliance; error-free payroll; elimination of employment disputes; or any particular commercial outcome.

35. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a statutory guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including rights arising under the Australian Consumer Law. Where permitted by law, liability for failure to comply with a non-excludable guarantee relating to services may be limited to resupplying the relevant services or paying the reasonable cost of having those services supplied again. This limitation does not apply where such limitation is prohibited by law.

36. Liability

To the maximum extent permitted by law, BizPilot excludes liability for indirect, special, incidental or consequential losses, including loss of anticipated profit, opportunity, goodwill, business or anticipated savings where such exclusion is legally permitted. Subject to liabilities that cannot legally be excluded or limited, BizPilot's aggregate liability arising out of the applicable agreement will not exceed the total fees paid or payable by the Customer to BizPilot during the 12 months immediately preceding the event giving rise to the relevant claim.

37. Customer-caused errors

To the extent permitted by law, BizPilot is not responsible for losses resulting from incorrect Customer information; incorrect payroll configuration; incorrect classifications; incorrect bank information; Customer misuse; Customer failure to review Platform output; credential compromise caused by the Customer; or third-party systems outside BizPilot's reasonable control.

38. Indemnity

To the extent permitted by law, the Customer indemnifies BizPilot against third-party claims and reasonable losses resulting from unlawful Customer Content; infringement of third-party rights; fraudulent Customer activity; unlawful use of BizPilot; or material Customer breach, except to the extent caused or contributed to by BizPilot's breach, negligence or unlawful conduct.

39. Force majeure

BizPilot is not liable for delay or failure caused by events outside its reasonable control.

40. Assignment

BizPilot may assign its rights and obligations as part of a genuine corporate restructure, merger, acquisition or sale of the BizPilot business, subject to applicable law.

41. Changes to these Terms

BizPilot may update these Terms for legal, security, technical or product reasons. Material changes affecting existing Customers should be communicated appropriately. Where appropriate, re-acceptance may be required.

42. Severability

If any provision is invalid or unenforceable, the remaining provisions continue to apply.

43. No waiver

Failure to exercise a right does not automatically waive that right.

44. Entire agreement

These Terms, applicable Order Form, DPA and other expressly incorporated documents constitute the agreement concerning the Customer's use of BizPilot.

45. Governing law

These Terms are governed by the laws of South Australia, Australia, subject to mandatory laws or jurisdictions that cannot lawfully be excluded.

46. Contact

NEXA DIGITAL PTY LTD trading as BizPilot, ABN 39 676 911 309, 1/22 O'Connell Street, North Adelaide SA 5006, Australia. Privacy, complaints and legal enquiries: complaints@bizpilot.com.au

NEXA DIGITAL PTY LTD trading as BizPilot · ABN 39 676 911 309

1/22 O'Connell Street, North Adelaide SA 5006, Australia

Privacy, complaints and legal enquiries: complaints@bizpilot.com.au