Terms of Service

Last updated: 15 February 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and Provvio ABN 58 419 205 595 ("Provvio," "we," "us," or "our"). By creating an account, accessing, or using the Provvio platform - including our website at provvio.com, mobile applications, APIs, and all related services (collectively, the "Service") - you agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract. The Service is intended for business use by organisations providing field services.

3. Account Registration and Security

  • You must provide accurate, current, and complete information during registration.
  • You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
  • You must notify us immediately at [email protected] if you suspect unauthorised access.
  • We reserve the right to suspend or terminate accounts that contain false or misleading information.
  • The account administrator is responsible for managing team members' access and permissions. You are responsible for your team members' compliance with these Terms.

4. Service Description

Provvio is a cloud-based field-service platform that enables businesses to record proof-of-service visits through GPS check-ins, photographic evidence, checklists, and automated reporting. Features include but are not limited to: visit tracking, site management, client portals, automated reports, team management, and billing integrations.

We reserve the right to modify, update, or discontinue any feature of the Service at any time with reasonable notice. We will endeavour to provide at least 30 days' notice for material changes.

5. Subscriptions and Billing

5.1 Free Trial

We may offer a free trial period. At the end of the trial, your account will require a paid subscription to continue accessing the Service. We will notify you before the trial expires.

5.2 Subscription Plans

Paid subscriptions are billed in advance on a recurring monthly basis. Prices are displayed on our website and are subject to change with at least 30 days' notice prior to the next billing cycle.

5.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorise us to charge the payment method on file for recurring fees.

5.4 Payment Processing

Payments are processed by Stripe. By providing payment information, you agree to Stripe's terms of service. We do not store full payment card numbers on our servers.

5.5 Cancellation

You may cancel your subscription at any time through your account settings or by emailing [email protected]. Cancellation takes effect at the end of the current billing period. No refunds will be issued for partial billing periods, unused time, except where required by applicable law (including the Australian Consumer Law).

5.6 Taxes

All fees are exclusive of applicable taxes (including GST) unless stated otherwise. You are responsible for all taxes associated with your use of the Service, except for taxes based on our net income.

5.7 Failed Payments

If a payment fails, we will attempt to notify you and may retry the charge. If payment remains outstanding for more than 14 days, we reserve the right to suspend or downgrade your account until payment is received.

6. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws or regulations;
  • Upload or transmit any content that is defamatory, obscene, threatening, or that infringes on any third party's intellectual property or privacy rights;
  • Attempt to gain unauthorised access to the Service, other accounts, or any related systems or networks;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service;
  • Use automated means (bots, scrapers) to access the Service without our prior written consent;
  • Resell, sublicense, or redistribute the Service without our prior written consent;
  • Use the Service to monitor individuals without their knowledge and lawful consent;
  • Transmit viruses, malware, or other harmful code; or
  • Falsify GPS data, photos, or other records within the Service.

We reserve the right to investigate and take appropriate action - including suspension or termination - if we reasonably believe you have violated these Terms.

7. Your Data and Content

7.1 Ownership

You retain all ownership rights in the data and content you submit to the Service ("Customer Data"), including but not limited to photos, visit records, GPS coordinates, client information, site information, and notes. We do not claim ownership of Customer Data.

7.2 Licence to Us

You grant us a worldwide, non-exclusive, royalty-free licence to use, store, process, reproduce, and display Customer Data solely to the extent necessary to provide, maintain, and improve the Service and to fulfil our obligations under these Terms. This licence terminates when you delete the applicable data or close your account (subject to our data retention obligations).

7.3 Data Accuracy

You are solely responsible for the accuracy, completeness, and legality of Customer Data. Provvio does not verify the accuracy of GPS coordinates, photos, checklist entries, or any other data submitted through the Service. Reports generated by the Service are based on data provided by you and your team and should not be relied upon as the sole record for legal, compliance, or regulatory purposes without independent verification.

7.4 Data Portability

You may export your Customer Data at any time through the Service's export functionality, where available, or by contacting us at [email protected].

7.5 Data Deletion

Upon account cancellation, we will delete Customer Data within 90 days, except where retention is required by law or is necessary for dispute resolution. See our Privacy Policy for details.

8. Intellectual Property

The Service - including all software, code, design, text, graphics, logos, trademarks, and documentation - is owned by Provvio or its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except the limited right to use it in accordance with these Terms.

"Provvio" and the Provvio logo are trademarks of Provvio. You may not use our trademarks without our prior written permission.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

  • The Service will be uninterrupted, error-free, or secure;
  • Results obtained through the Service will be accurate or reliable;
  • GPS coordinates will be accurate (GPS accuracy is subject to device hardware, environmental conditions, and other factors outside our control);
  • The Service will meet your specific requirements; or
  • Any defects will be corrected.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any equivalent state or territory legislation that cannot be excluded, restricted, or modified by agreement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Exclusion of consequential damages: In no event shall Provvio, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, business opportunities, or anticipated savings, regardless of the cause of action or theory of liability (contract, tort, negligence, strict liability, or otherwise), even if advised of the possibility of such damages.
  • Cap on liability: Our total cumulative liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (a) the total fees paid by you to Provvio in the twelve (12) months immediately preceding the event giving rise to the claim; or (b) one hundred Australian dollars (AUD $100).
  • Essential purpose: The limitations in this section apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law. For Australian consumers, our liability for breach of a non-excludable consumer guarantee is limited, at our option, to re-supplying the Service or paying the cost of having it re-supplied.

11. Indemnification

You agree to indemnify, defend, and hold harmless Provvio and its directors, officers, employees, agents, and affiliates from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  • Your use of the Service;
  • Your breach of these Terms;
  • Your violation of any applicable law or regulation;
  • Customer Data you submit through the Service;
  • Your infringement of any third party's rights (including intellectual property or privacy rights); or
  • Any dispute between you and a third party (including your employees, contractors, or clients) relating to your use of the Service.

12. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, unscheduled downtime, third-party service failures, force majeure events, or other factors beyond our reasonable control. We are not liable for any loss or damage resulting from Service unavailability.

13. Account Suspension and Termination

13.1 Termination by You

You may close your account at any time by cancelling your subscription and contacting us at [email protected].

13.2 Termination or Suspension by Us

We may suspend or terminate your account immediately, without prior notice or liability, if:

  • You breach these Terms;
  • We are required to do so by law;
  • Your use of the Service poses a security risk or may adversely affect other users;
  • Your account has been inactive for more than 12 months; or
  • Payment remains outstanding for more than 30 days.

13.3 Effect of Termination

Upon termination: (a) your right to access the Service ceases immediately; (b) we may delete Customer Data after the retention period described in Section 7.5; and (c) provisions that by their nature should survive termination will survive, including Sections 7.1, 8, 9, 10, 11, 14, 15, and 16.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If the dispute is not resolved informally, either party may submit the dispute to binding arbitration administered in accordance with the Commercial Arbitration Act 2010 (NSW) or the rules of the Australian Centre for International Commercial Arbitration ("ACICA"). The arbitration shall be conducted in Sydney, New South Wales, Australia, in English, by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights or breach of confidentiality obligations. Nothing in these Terms limits any rights you may have under the Australian Consumer Law that cannot be excluded by agreement.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict-of-law principles. Subject to Section 14, the courts of New South Wales, Australia shall have non-exclusive jurisdiction over any disputes arising under these Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Provvio regarding the Service and supersede all prior agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without your consent in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets.

16.5 Force Majeure

We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, wars, terrorism, government actions, power failures, internet or telecommunications failures, and cyberattacks.

16.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us must be sent to [email protected].

16.7 No Third-Party Beneficiaries

These Terms do not confer any rights on any third party.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

18. Contact Us

If you have questions about these Terms, please contact us: