Terms of Service

These Terms of Service ("Terms") govern your access to and use of the CaterCloud platform and services ("Service") operated by Pivot Digital Pty Ltd (trading as CaterCloud) ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Please read these Terms carefully. They contain important information about your rights and obligations, including limitations on our liability and how disputes are resolved.

1. Description of Service

CaterCloud is a cloud-based business management platform purpose-built for catering operators, food truck businesses, market stall operators, and event caterers. The Service is designed to centralise and streamline the full lifecycle of a catering business, from initial enquiry through to post-event invoicing and financial reporting.

The Service currently includes, but is not limited to, the following features:

• Event pipeline management — track enquiries through a configurable pipeline: Enquiry → Quoted → Booked → Confirmed → Completed, with automated status transitions and reminders
• Quote and invoice builder — create branded quotes with line items, packages, GST calculations, discount codes, and deposit requirements; convert quotes to invoices with one click
• Stripe payment links — send customers a secure Stripe-hosted payment link directly from a quote or invoice; deposits and balances are collected without leaving the platform
• Staff scheduling and shift management — add staff profiles, assign shifts to events, manage availability, track hours, and calculate wage costs per event
• Menu and package builder — build menus with individual items and per-head packages; assign menus to operations; manage dietary flags, pricing, and descriptions
• Customer CRM — maintain a contact database linked to events and quotes; track communication history and customer lifetime value
• Automated communications — send templated emails and SMS messages at configurable stages of the event lifecycle (e.g. quote delivery, booking confirmation, event reminders, thank-you follow-ups)
• Financial reporting — view profit and loss by event or period; track revenue, cost of goods, wage costs, and gross margin; export reports to CSV
• AI-assisted features — including automated quote drafting, event discovery matching, and menu analysis powered by Anthropic's Claude (see §6a)
• Multi-operation management — manage multiple trucks, stalls, trailers, or venues under a single account, each with its own branding, menus, staff assignments, and financials
• Calendar and scheduling — view all events on a calendar; subscribe to a read-only ICS calendar feed in Google Calendar, Outlook, or Apple Calendar
• Accounting integrations — connect to Xero or Square for two-way data sync of invoices and payments
• White-label agency console — platform resellers and agencies can manage multiple client tenants from a single console (subject to separate agency agreement)

Features and functionality may change at our discretion. We will endeavour to communicate material changes in advance. Access to specific features may depend on your subscription plan.

2. Eligibility and Accounts

• You must be at least 18 years old and have the legal capacity to form a binding contract under applicable law to use the Service.
• You must provide accurate, complete, and current information when creating your account and keep it up to date.
• You are responsible for maintaining the security and confidentiality of your account credentials. Notify us immediately at info@catercloud.io if you suspect unauthorised access to your account.
• You are responsible for all activity that occurs under your account, including activity by users you invite.
• One account per legal business entity unless otherwise agreed in writing. You may not create multiple accounts to circumvent plan limits or feature restrictions.

2.1 Multi-user accounts and team members

The account owner may invite additional team members to access the platform. Each invited user is assigned a role that governs their permissions: owner (full access), admin (full access excluding billing), manager (event and staff management), staff (limited operational access), or viewer(read-only). The account owner is solely responsible for:

• All actions taken by invited team members under their assigned roles
• Ensuring team members are aware of and comply with these Terms
• Removing access promptly for team members who leave the organisation or no longer require access

A business email address is recommended but not required. You are responsible for ensuring the email address associated with your account is monitored for service communications.

3. Acceptable Use

You agree not to use the Service in any way that:

• Violates any applicable law, regulation, or third-party rights
• Attempts to gain unauthorised access to any part of the Service, its infrastructure, or the accounts of other users
• Interferes with or disrupts the integrity, security, or performance of the Service or its underlying systems
• Uploads or transmits viruses, malware, ransomware, or any other harmful or malicious code
• Scrapes, crawls, or systematically extracts data from the Service by automated means without our prior written consent
• Resells, sublicenses, or otherwise commercialises access to the Service without our written consent (except through an authorised agency arrangement)
• Sends unsolicited communications (spam) to third parties using the Service's email or SMS features
• Impersonates any person or entity, or misrepresents your affiliation with any person or entity
• Uses the Service to conduct or facilitate fraudulent transactions, including issuing false or misleading quotes, invoices, or booking confirmations
• Inputs fabricated customer data, fictional event records, or misleading financial entries
• Uses the SMS communications feature to send unsolicited marketing messages in contravention of the Spam Act 2003 (Cth) or any other applicable anti-spam legislation
• Uses AI-assisted features to generate or disseminate misleading, deceptive, or harmful content
• Shares your account credentials with competitors of CaterCloud or uses the platform to reverse-engineer its functionality or business logic
• Attempts to circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict use or copying

We reserve the right to investigate suspected violations and, where appropriate, to suspend or terminate accounts without notice. We may cooperate with law enforcement authorities in investigating suspected unlawful activity.

4. Subscription and Payment

4.1 Plans and pricing

• Access to paid features requires a valid active subscription. Plan details and pricing are listed at catercloud.io/pricing.
• Different plan tiers provide access to different features. We reserve the right to gate features by plan at any time.
• Subscriptions are billed in advance on a monthly or annual basis, at your election at the time of sign-up.
• Annual plans may be offered at a discounted rate relative to month-by-month billing. Annual plans are non-refundable except as required under the Australian Consumer Law.
• All prices are in Australian Dollars (AUD) inclusive of GST where applicable.

4.2 Payment processing

• Subscription payments are processed by Stripe. By subscribing, you authorise us to charge your nominated payment method on each billing date.
• If a payment fails, we will notify you and retry. If payment is not resolved within 7 days, we may suspend your account. Your data is preserved during suspension and you can reactivate by updating your payment method.
• We do not store full credit or debit card numbers. All payment credentials are tokenised and held by Stripe.

4.3 Cancellation and refunds

• You may cancel your subscription at any time through the billing settings in the platform. Cancellation takes effect at the end of the current billing period — you retain full access until then.
• We do not provide refunds for unused portions of a billing period, except as required under the Australian Consumer Law.
• If you cancel an annual plan within 14 days of purchase and have not made material use of the Service, contact us at info@catercloud.io to request a refund.

4.4 Price changes

We reserve the right to change subscription pricing. We will provide at least 30 days' notice of price increases by email and/or in-platform notice. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

4.5 Stripe payment links (customer-facing)

When you use CaterCloud to send a Stripe payment link to your customer, the payment is processed by Stripe directly. Funds flow from your customer through Stripe Connect to your nominated bank account. CaterCloud is not a party to that transaction and is not responsible for disputes, chargebacks, or failed payments between you and your customers. Your use of Stripe payment links is additionally subject to Stripe's Terms of Service and Connected Account Agreement.

5. Your Data

5.1 Ownership

You retain full ownership of all data you upload, create, or generate within the Service ("Your Data"), including your event records, contacts, quotes, invoices, menus, and financial information. We do not claim any intellectual property rights over Your Data.

You grant CaterCloud a limited, non-exclusive, royalty-free licence to host, store, process, transmit, and display Your Data solely for the purpose of providing the Service to you. This licence terminates when you delete the data or close your account.

5.2 Your responsibilities as data controller

CaterCloud acts as a data processor on your behalf for the personal information of your customers and staff that you input into the platform. You are the data controller for that information and are responsible for:

• Having a lawful basis for collecting and processing your customers' personal information
• Complying with the Australian Privacy Act 1988 (Cth) and any other applicable privacy laws with respect to your customers' and staff' data
• Ensuring Your Data does not infringe any third-party intellectual property, privacy, or other rights
• Ensuring Your Data does not contain content that is illegal, defamatory, or otherwise inappropriate

We are not responsible for the accuracy, legality, or appropriateness of Your Data.

5.3 Tenant isolation

Your data is isolated to your account ("tenant"). Other CaterCloud customers cannot access your data, and you cannot access theirs. All data queries are enforced at the application layer by your unique tenant identifier derived from your authenticated session.

5.4 AI features and your data

Certain AI-powered features send data to Anthropic's API (see §6a). When you use these features, the content you submit (e.g. a quote draft, menu description, or event brief) is sent to Anthropic for processing. We do not send personally identifiable customer data to Anthropic without your explicit action. Anthropic processes data in accordance with its own privacy policy and does not use your submitted content to train its models.

5.5 Data export and deletion

You can export your data at any time using the built-in export tools available in the platform (Events, Contacts, Quotes, Financial reports — exported in CSV or JSON format). Upon account termination (by you or by us), you have a 30-day window to export your data. After 30 days, Your Data is queued for deletion. Full deletion is completed within 90 days of the queue date. We recommend exporting your data before cancelling your subscription. Financial records subject to a statutory retention obligation are retained separately (see our Privacy Policy §5).

6. Intellectual Property

The Service, including all software, source code, algorithms, user interface designs, graphics, text, documentation, and other content created by us, is owned by Pivot Digital Pty Ltd (trading as CaterCloud) and is protected by Australian and international intellectual property laws including copyright, trade mark, and database rights. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

"CaterCloud" and associated logos are trade marks of CaterCloud. You may not use our trade marks without our prior written consent.

You may provide feedback, suggestions, feature requests, or ideas about the Service ("Feedback"). You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify, and incorporate such Feedback into the Service or other products without any obligation to you.

6a. AI-Assisted Features

Certain features of the Service use artificial intelligence to assist you with tasks such as drafting quotes, analysing menus, discovering relevant public events, and generating communications. These features are powered by Anthropic's Claude API.

• AI outputs are suggestions only. You are solely responsible for reviewing, editing, and approving any content generated by AI features before using it in your business (e.g. sending a quote, publishing a menu description).
• No reliance for professional advice. AI-generated content does not constitute legal, financial, accounting, tax, or compliance advice. Do not rely on AI outputs as a substitute for professional advice.
• Accuracy not guaranteed. CaterCloud does not warrant the accuracy, completeness, or appropriateness of any AI-generated content. AI systems can produce incorrect, outdated, or misleading outputs.
• Data sent to Anthropic. Content you submit to AI features is processed by Anthropic. We do not send your customers' personal information to Anthropic without your explicit action. Anthropic does not use your submitted content to train its models under its API terms.
• Feature availability. AI features may be gated by subscription plan tier, modified, or withdrawn at any time. We will endeavour to provide advance notice of significant changes.
• Prohibited AI uses. You must not use AI features to generate misleading or deceptive content, to create fake reviews or testimonials, or to produce content that violates any applicable law.

6b. Payment Links and Financial Features

CaterCloud provides tools to help you manage quotes, invoices, and financial reporting for your catering business. The following limitations apply:

• Not a financial institution. CaterCloud is not a bank, payment processor, financial institution, or credit provider. We do not hold your funds at any point.
• Stripe Connect. Payment links sent to your customers are processed by Stripe. To use this feature, you must accept Stripe's Connected Account Agreement and comply with Stripe's acceptable use policy.
• GST and tax compliance. You are solely responsible for calculating, collecting, and remitting the correct GST (or other applicable taxes) on amounts you charge your customers. CaterCloud's GST calculation tools are provided for convenience and are not a substitute for qualified tax advice.
• Financial reporting. The P&L reports, wage cost summaries, and other financial reports provided in the Service are for informational and operational purposes only. They do not constitute audited financial statements, accounting records, or tax returns. Always verify financial data with a qualified accountant.
• Xero and Square integrations. When you connect Xero or Square, invoice and payment data is synchronised between platforms. You are responsible for ensuring the accuracy of data synced. CaterCloud is not responsible for errors arising from data sync delays or mismatches.

7. Third-Party Integrations

The Service integrates with or supports connections to third-party platforms. The following specific terms apply to certain integrations:

7.1 Google Sign-In

By choosing to sign in with Google, you authorise CaterCloud to receive your basic Google profile information (name, email address, and profile picture) for the sole purpose of creating and authenticating your CaterCloud account. CaterCloud does not access your Gmail, Google Drive, Google Calendar, Google Contacts, or any other Google service on your behalf through Google Sign-In.

CaterCloud's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Google user data is not used for advertising, sold to third parties, or used for any purpose other than account authentication and the provision of the Service.

7.2 Google Analytics

We use Google Analytics 4 (GA4) to collect anonymised, aggregated usage statistics about how the Service is used. This helps us understand which features are valuable and how to improve the platform. GA4 data is not linked to your account identity. For details on how to opt out, see our Privacy Policy §7b.

7.3 Xero, Square, and Stripe

Connections to Xero, Square, and Stripe are established through their respective OAuth flows. Each integration is governed by the terms and privacy policies of the respective provider. You can revoke these integrations at any time from within the platform settings or directly from the third-party provider's settings.

7.4 General third-party disclaimer

We are not responsible for the availability, accuracy, performance, or conduct of any third-party service. Third-party outages or API changes may affect certain features of the Service without notice. Your use of any third-party service is subject to that provider's own terms and conditions.

8. Service Availability

We aim to provide a reliable, high-availability service and take infrastructure stability seriously. However, we do not guarantee uninterrupted or error-free operation. The Service is delivered over the internet and depends on third-party infrastructure providers including Vercel (hosting), Supabase (database), and Stripe (payments). Disruptions to any of these providers may affect the Service.

We may perform planned maintenance, apply updates, or make modifications that temporarily affect availability. For planned maintenance expected to cause significant disruption, we will endeavour to provide at least 24 hours' advance notice via email and/or an in-platform banner. For major unplanned incidents, we will communicate status updates via email and/or the platform.

We do not provide a formal service-level agreement (SLA) unless one has been separately agreed in writing (e.g. as part of an enterprise or agency arrangement).

8a. Beta Features and Early Access

Features labelled "Beta", "Early Access", or "Preview" are experimental and may:

• Contain bugs or behave inconsistently
• Change materially or be removed without notice
• Not be supported by our standard customer support processes

Beta features are excluded from any uptime or reliability commitments. You should not rely on beta features for business-critical workflows without maintaining a manual backup process. Your use of beta features is at your own risk.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR UNINTERRUPTED OR ERROR-FREE OPERATION.

We do not warrant that: (a) the Service will meet your specific business requirements; (b) the Service will operate without interruption or be free from errors; (c) any errors will be corrected; (d) data stored in the Service will be free from loss or corruption; or (e) AI-generated outputs will be accurate, complete, or appropriate for your intended use.

You use the Service at your own risk and are solely responsible for any decisions made in reliance on the Service or its outputs.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any rights, remedies, guarantees, or warranties you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded. To the extent our liability for a failure to comply with a consumer guarantee cannot be excluded, our liability is limited to (at our election) re-supplying the Service or paying the cost of having the Service re-supplied.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATERCLOUD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
• COST OF SUBSTITUTE SERVICES OR SYSTEMS
• DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES, API CHANGES, OR INTEGRATION OUTAGES
• LOSS OR CORRUPTION OF YOUR DATA, INCLUDING FROM BACKUP FAILURE OR DATABASE ERROR
• DAMAGES ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT OR FINANCIAL REPORTS
• LOSSES RESULTING FROM UNAUTHORISED ACCESS TO YOUR ACCOUNT WHERE YOU FAILED TO MAINTAIN ADEQUATE CREDENTIAL SECURITY

REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

TO THE EXTENT LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) AUD $100.

This limitation reflects a reasonable allocation of risk between the parties and is a fundamental element of the basis on which we provide the Service. The Service would not be provided on these terms without these limitations.

Some jurisdictions do not allow the exclusion or limitation of certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Pivot Digital Pty Ltd (trading as CaterCloud) and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service in violation of these Terms or any applicable law
• Your Data, including any claim that Your Data infringes the rights of a third party
• Your failure to obtain appropriate consents from your customers for processing their personal information
• Any transaction between you and your customers facilitated through the Service (including payment disputes and chargebacks)
• Any GST or tax liability arising from amounts you charge your customers
• Your violation of any third-party rights, including intellectual property rights

12. Termination

12.1 Termination by you

You may terminate your subscription at any time through the billing settings in the platform. Your access continues until the end of the current billing period. After that, your account enters a data-export window (see §5.5).

12.2 Termination or suspension by CaterCloud

We may suspend or terminate your access to the Service:

• Immediately and without notice if you breach these Terms, engage in fraudulent activity, use the Service in a manner that endangers security or the rights of others, or if required by law or court order
• After 7 days' notice if a subscription payment remains outstanding and unresolved
• With 30 days' advance notice if we elect to discontinue the Service or a material feature of the Service

In the event of a termination by us for reasons other than your breach, we will provide a pro-rata refund of any prepaid subscription fees for the unused period.

12.3 Effect of termination

Upon termination, your right to access and use the Service ceases immediately (or at the end of the billing period for voluntary cancellation). Sections 5 (Your Data — ownership and deletion obligations), 6 (Intellectual Property), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination and continue in full force.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions. Subject to the dispute resolution process below, any legal proceedings arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

Dispute resolution: Before commencing any formal legal proceedings, you agree to first contact us at info@catercloud.io describing the nature of your dispute and your desired resolution. You allow us 30 days to attempt to resolve the matter in good faith through direct negotiation. If the matter is not resolved within that period, either party may pursue formal legal remedies.

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

14. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Service, legal requirements, or business practices. We will notify you of material changes by:

• Sending an email to the address associated with your account, and/or
• Displaying a prominent notice within the platform

We will provide at least 14 days' notice before a material change takes effect. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you do not agree with a change, you may cancel your subscription before the effective date.

We will update the "Last updated" date at the top of these Terms whenever changes are made.

15. General

• Entire agreement: These Terms, together with our Privacy Policy and any additional terms for specific features (e.g. agency arrangements), constitute the entire agreement between you and CaterCloud regarding the Service and supersede all prior agreements, representations, and understandings.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions shall continue in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of CaterCloud.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms to a successor entity in connection with a merger, acquisition, or sale of substantially all our assets, without your consent, provided we give you reasonable notice.
• Force majeure: Neither party is liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, pandemics, war, government actions, or internet infrastructure failures.
• Relationship: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and CaterCloud.
• Language: These Terms are written in English. In the event of any inconsistency between an English version and a translation, the English version prevails.

16. Contact Us

For questions about these Terms or the Service:

• Email: info@catercloud.io
• Website: catercloud.io