Terms of Service

1. These terms

These Terms of Service (“Terms”) are a binding agreement between you and Pivot Digital Pty Ltd (“CaterCloud”, “we”, “us”), and govern your access to and use of the CaterCloud platform and related services (the “Service”). By creating an account or using the Service you agree to these Terms. If you use the Service on behalf of a business, you confirm you are authorised to bind that business.

2. The Service

CaterCloud is software that helps catering and events businesses manage enquiries, quotes, invoices, events, websites, messaging, staff scheduling, advertising and related workflows. We provide the tools; you decide how to use them in your business. We may add, change or remove features over time.

Some features are optional, gated, or made available for testing. Features described in our marketing that are not yet enabled for your account do not form part of the Service until made available to you.

3. Accounts and eligibility

You must be able to form a binding contract to use the Service. You agree to provide accurate account information and keep it current, to keep your login credentials secure, and to be responsible for all activity under your account — including that of team members, staff and other users you invite. Notify us promptly of any unauthorised use.

4. Subscriptions, fees and taxes

Paid plans are billed in advance on a recurring basis and renew automatically until cancelled. You authorise us (and our payment provider) to charge your payment method for the applicable fees and taxes. We may change pricing on reasonable notice, effective from your next billing period.

Except where required by law or expressly stated, fees are non-refundable and cancelling stops future renewals rather than refunding the current period. You are responsible for any taxes associated with your subscription other than taxes on our income. This section covers the subscription you pay us for the Service — it is separate from payments you take from your own customers (section 5).

5. Payments you process through the platform (we are not a party to them)

CaterCloud lets you take payments, deposits and invoice payments from your own customers using your own connected payment account (for example Stripe or Square). This is one of the most important things to understand about the Service:

• We are a technology provider, not a merchant of record, payment processor, money transmitter, or party to the transactions between you and your customers. Funds are processed by your payment provider and settle to your account — they do not pass through or get held by CaterCloud.
• You are solely responsible for what you sell, your prices, your terms, taxes (including GST), deposits, cancellations, refunds, chargebacks and disputes with your customers.
• Tax, surcharge, tip, pricing and award/wage figures the Service calculates are tools and estimates to assist you, not advice, and may not fit your circumstances — you are responsible for verifying them and for your own compliance.
• Your use of a payment provider is also subject to that provider’s own terms.

6. Your content and data

You retain ownership of the data and content you and your users put into CaterCloud (“Your Content”). You grant us a worldwide, non-exclusive licence to host, store, process, transmit, display and adapt Your Content solely to provide, secure and improve the Service and as you direct (for example to send a message or publish a website).

As between us, you are the controller of the personal information you collect about your own customers, guests and staff, and we are your processor for that information; our handling of it is described in our Privacy Policy. You are responsible for having all rights, notices, consents and lawful bases needed for Your Content and for the personal information you upload — including sensitive information such as guests’ dietary or allergy details, staff records and emergency contacts.

7. Acceptable use

You agree not to, and not to allow anyone to:

• Use the Service unlawfully, or to store or send content that is illegal, infringing, defamatory, deceptive, or harmful.
• Send messages (email, SMS or otherwise) without the recipient’s required consent, or in breach of anti-spam or telemarketing laws (such as the Australian Spam Act or equivalents). You are the sender of, and responsible for, messages you send through the Service; we provide consent and opt-out tools but do not assume that responsibility.
• Publish content on CaterCloud-hosted websites that is unlawful, infringing, or breaches these Terms; you are responsible for that content and must have the rights to it.
• Attempt to breach security or access another tenant’s data, probe or scrape the Service, or interfere with its operation or integrity.
• Misuse AI features to generate unlawful, deceptive or infringing content, or to circumvent our safeguards.
• Resell, sublicense or provide the Service to third parties except as expressly permitted.

8. Suspension, content removal and takedowns

We may investigate suspected breaches and may remove or disable content, or suspend or limit access, where we reasonably believe it is necessary to comply with law, respond to a valid legal or takedown notice, protect the Service or other users, or address a breach of these Terms. Where practical and lawful we will give you notice. If you believe content hosted through the Service infringes your rights, contact us so we can respond.

9. AI-assisted features

The Service uses AI to help draft and analyse content. AI output is machine-generated, may be inaccurate or incomplete, and is provided as a suggestion for you to review — it is not professional advice (including legal, tax, financial, employment or dietary/health advice). You are responsible for reviewing and for any content you choose to use or send. We do not warrant the accuracy or suitability of AI output.

10. Estimates, projections, forecasts and calculated figures

This section is important, and it is the one most likely to affect what you decide to do in your business. Read it together with section 9 (AI-assisted features) and section 19 (Limitation of liability).

Throughout the Service, CaterCloud produces figures that are ESTIMATED, PROJECTED, FORECAST or otherwise CALCULATED rather than observed. Wherever practical the Service marks them as estimates and shows a confidence indicator or an explanation of how the figure was reached. Those figures include, without limitation:

• Sales, revenue and takings projections for an event, a trading day, a period or a business — including projections for gigs, markets and events that CaterCloud discovers from public sources, and any per-head, per-patron or attendance-based figure derived from them.
• Food, ingredient, recipe and menu-item cost estimates; portion, yield and quantity estimates; and the margin, profit, profitability, break-even and pricing figures derived from them.
• Demand, attendance, crowd-size, weather-adjusted and stock-requirement forecasts, and purchasing or par-level suggestions based on them.
• Wage, award, penalty-rate, on-cost, superannuation and labour-cost estimates, and rostering or staffing-level suggestions.
• Travel, distance, fuel, vehicle-running and logistics estimates.
• Payment-processing fee, surcharge, tax, GST and tip estimates.
• Benchmarks, comparisons, accuracy scores, confidence levels, “typical” figures, scores, grades, health indicators and any similar summary measure.
• Any other figure the Service presents as an estimate, projection, forecast, suggestion or benchmark, and any figure calculated from one.

11. How estimates are produced, and what they are not

These figures are produced by software — including statistical models, heuristics and AI — running over a mixture of sources. Those sources include data you and your team have entered or connected; your own trading and transaction history; and third-party, public and openly available information gathered from across the web, such as supplier and menu pricing, published event and venue information, comparable businesses, market and industry benchmarks, weather data, and mapping and location data. Some inputs are supplied by third parties we do not control, and some are assumptions the software has to make where a real input is missing.

That means an estimate can be wrong. Source data may be out of date, incomplete, mis-attributed, unrepresentative of your business, or simply incorrect; assumptions may not hold; models are approximations; and future outcomes are inherently uncertain. Actual results will differ from projected results, and the differences may be material. A confidence indicator, accuracy score or “typical” figure is itself an estimate about an estimate, and is not a guarantee of anything.

Accordingly, and to the maximum extent permitted by law: we make no representation, warranty or guarantee — express or implied — as to the accuracy, completeness, currency, reliability or suitability of any estimate, projection, forecast or calculated figure; no such figure is a quote, an offer, a valuation, a promise of any sale, revenue, cost, margin, profit, saving or outcome, or a commitment that any result will be achieved; and no such figure is professional advice of any kind, including financial, investment, accounting, tax, legal, employment, insurance, food-safety or dietary/health advice. If you need advice, get it from a qualified adviser who knows your circumstances.

YOUR ACKNOWLEDGEMENT AND NON-RELIANCE. You acknowledge that uncertainty is inherent in estimating and forecasting, that you are in a better position than we are to judge your own business, and that you take full responsibility for evaluating the adequacy and accuracy of every estimate, projection and forecast the Service gives you. Any decision you make is your decision, made on your own judgement and your own enquiries. Where a figure the Service produces disagrees with your own records, supplier invoices, contracts or observations, your own records govern — not ours. You should verify any figure that matters before you rely on it.

NO LIABILITY FOR RELIANCE. To the maximum extent permitted by law, we are not liable for any loss, cost, expense, damage, penalty or claim you or anyone else suffers arising out of or relating to reliance on an estimate, projection, forecast, benchmark or calculated figure produced by the Service, or on its absence, delay or unavailability. Without limiting that, this expressly includes:

• Under-quoting, over-quoting or otherwise mispricing a job, menu, package or event, and any lost profit, lost revenue, lost margin or unrecoverable cost that results.
• Accepting, declining, pursuing or abandoning a booking, gig, market, venue, customer or opportunity.
• Over-ordering or under-ordering stock or ingredients, and any spoilage, wastage, shortfall, emergency purchase, substitution or inability to serve that results.
• Over-staffing or under-staffing a job, and any wasted labour cost, overtime, penalty rate, understaffing failure or employment claim that results.
• Purchasing, leasing, hiring or committing capital to equipment, vehicles, premises, stock or staff.
• Any business, financial, tax, budgeting, pricing, marketing, advertising or expansion decision, and anything you tell a customer, lender, investor, insurer or regulator on the strength of one of our figures.
• Any difference between a projected figure and the figure actually achieved.

12. Scheduling, availability, pipeline and other operational information

The Service also holds and displays operational information you run your business from: calendars and event dates, availability and capacity, pipeline and quote stages, bookings and orders, run sheets and prep lists, staff rosters, shifts and callouts, tasks, reminders, stock and inventory levels, contact records, and messages. Some of it is entered by you or your team; some arrives from customers, staff or connected third parties such as calendar, payment, accounting and messaging providers.

We work hard to keep this accurate and timely, but to the maximum extent permitted by law we do not warrant that it is accurate, complete, current, correctly ordered or free from error, or that any sync, import, export, alert, reminder, notification, message or automation will run at all, run once only, or run on time. Information can be delayed, duplicated, missed, mis-ordered, overwritten or lost — through a defect in the Service, an outage or limit at a third-party provider, a connectivity or device problem, a permission or setting you or a third party controls, or something you or your team entered incorrectly.

You remain responsible for running your business. In particular, you should confirm the things that matter before you commit to them:

• Confirm you are actually available, and that you have the capacity, equipment, stock and staff, before you accept a booking — do not rely solely on what a CaterCloud calendar, availability view or booking widget shows.
• Check for clashes and double bookings yourself before confirming an event, a shift or a delivery.
• Confirm staff are rostered, notified and attending, and that customers, suppliers and venues have received what you sent, through a means other than the Service where the consequences of a failure are significant.
• Verify stock levels, allergen and dietary information, prices and quantities against your own records and suppliers before you commit to them or communicate them to a customer.
• Keep your own records and backups of anything you cannot afford to lose.

13. We are not liable for operational losses

To the maximum extent permitted by law, and without limiting sections 11 and 19, we are not liable for any loss, cost, expense, damage, penalty or claim arising out of or relating to the operational information described in section 12 being wrong, missing, late, duplicated, out of sync or unavailable — or to the Service being unavailable. This expressly includes a booking taken that you could not fulfil or turned away that you could have; a double booking or scheduling clash; a missed, late, duplicated or cancelled event, shift, delivery, prep task, follow-up or payment; an under-staffed or over-staffed job; spoiled, wasted or missing stock; a quote, hold or deposit that lapsed; a lead, enquiry or customer that was lost or not followed up; a message, reminder, notification or automation that did not send, sent twice, sent late or sent to the wrong recipient; and any refund, discount, penalty, liquidated-damages claim, reputational harm or claim by your customer, staff member or supplier that follows from any of them.

This section allocates responsibility for outcomes in your business. It does not affect the consumer guarantees and other rights described in section 18, which apply regardless.

14. Staff and workforce tools

CaterCloud provides scheduling, availability, timesheet and wage/award-estimate tools. These are aids only. CaterCloud is not your employer, is not a payroll provider, and does not pay wages, withhold tax, or remit superannuation. Award and pay figures are estimates and may not reflect current law or your circumstances. You are the employer and are solely responsible for employment, payroll, tax, superannuation and workplace-health-and-safety compliance.

15. Advertising features

Where you connect an advertising account (such as Google Ads), you do so under that platform’s terms, and any ad spend is charged to your own advertising account — not to CaterCloud. AI-generated campaigns and suggestions are drafts you review and approve. We do not guarantee any advertising outcome, performance or return, and you are responsible for your ad content and for complying with the advertising platform’s policies.

16. Third-party services and integrations

The Service integrates with third-party services (for example Stripe, Square, Google, Xero and messaging providers). Those services are provided by the relevant third parties under their own terms and privacy policies, and we are not responsible for them. Your choice to connect and use them is your own.

17. Intellectual property

The Service, and all software, content and materials we provide (excluding Your Content), are owned by us or our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. If you give us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them. “CaterCloud” and our logos are our marks and may not be used without permission.

18. Warranties and disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted, error-free, secure, or fit for a particular purpose, or that AI output, estimates, projections, forecasts, benchmarks, calculations, availability, scheduling or other operational information will be accurate, complete, current or delivered on time. Sections 10 to 13 set out what that means for the figures and operational information you run your business from.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for breach of such a guarantee can be limited, it is limited (at our option) to re-supplying the Service or paying the cost of having it re-supplied.

19. Limitation of liability

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or relating to the Service or these Terms, even if advised of the possibility. For the avoidance of doubt, this includes loss arising from reliance on an estimate, projection, forecast, benchmark or calculated figure (section 11), and from operational information being wrong, missing, late or unavailable (section 13).

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the liability (or AUD $100 if you paid us nothing). These limits do not apply to liability that cannot lawfully be excluded or limited. This section survives termination.

20. Indemnity

To the extent permitted by law, you will indemnify and hold us harmless from claims, losses, liabilities and reasonable costs (including legal costs) arising out of or relating to: Your Content; your use of the Service; the messages, websites, quotes, invoices and advertising you create or send; the personal information you handle (including your customers’ and staff’s); your tax, payment, employment and consumer-law obligations; the business decisions you make on the basis of estimates, projections, forecasts or other figures the Service produces, and anything you represent to a third party on the strength of one; and your breach of these Terms or of applicable law.

21. Term and termination

These Terms apply while you use the Service. You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you materially breach these Terms, fail to pay, use the Service in a way that creates legal or security risk, or where required by law — with notice where practical.

On termination, your right to use the Service ends. For a limited period after termination you may be able to export your data; after that we will delete or de-identify it in line with our Privacy Policy, except where retention is required. Sections that by their nature should survive (including ownership, disclaimers, liability limits, indemnity and governing law) survive termination.

22. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you (for example by posting the updated Terms with a new effective date or by email). Changes are not retroactive, and your continued use of the Service after they take effect means you accept them.

23. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place, without affecting any consumer-protection rights or mandatory law that applies where you are (see the regional notes below). Before starting formal proceedings, the parties will try in good faith to resolve any dispute by discussion.

24. General

These Terms (with our Privacy Policy and any plan-specific or feature-specific terms) are the entire agreement between us about the Service. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a business transfer. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be given in-app or by email to your account address.

Governing law by region

Consumer protections and mandatory law that apply to you depend on where you use CaterCloud. The notes below summarise the position for each market we serve; nothing in these terms limits rights you have that cannot lawfully be excluded.