These Terms of Service (“Terms”) are a binding agreement between you (“you”, the “Customer”) and Chlor (ABN 47 142 335 509) of Queensland, Australia (“Chlor”, “we”, “us”) and govern your access to and use of the Chlor pool service management platform and any related websites, mobile applications, APIs and customer portals (the “Service”). By creating an account or using the Service you agree to these Terms.
1. The Service
Chlor is a software-as-a-service platform that helps Australian pool service businesses manage water testing, chemical dosing, invoicing, scheduling, customer records, photos and notifications. We provide the Service on a non-exclusive, non-transferable, revocable basis for the duration of your subscription.
2. Eligibility and accounts
You must be at least 18 years old and have authority to bind any business you sign up on behalf of. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@chlor.app of any unauthorised use.
3. Free trial
New accounts may receive a 14-day free trial of paid features. No credit card is required to start the trial. At the end of the trial period, paid features become unavailable unless you subscribe to a plan. We may modify or end the trial program at any time without notice.
4. Subscriptions, billing and Merchant of Record
Subscriptions are billed in advance on a monthly or annual basis in Australian dollars (AUD), inclusive of 10% Goods and Services Tax (GST). All payment processing, taxation, invoicing and refunds are handled by our payment processor, Paddle.com Market Ltd (“Paddle”), which acts as the Merchant of Record for all subscription transactions. Your contract for the supply of the Service is with Chlor; your contract for the payment transaction is with Paddle and is also subject to Paddle’s Buyer Terms.
Subscriptions auto-renew at the end of each billing period at the then-current price. We will provide at least 14 days notice of any material price change before it takes effect. You may cancel at any time from the Billing settings page; cancellation takes effect at the end of the current billing period.
5. Cooling-off and refunds
Refunds are governed by our Refund Policy, which forms part of these Terms. Nothing in our Refund Policy or these Terms excludes or limits any consumer guarantee under the Australian Consumer Law.
6. Acceptable use
You agree to comply with our Acceptable Use Policy at all times. In particular, you must not use the Service to send unsolicited marketing in breach of the Spam Act 2003 (Cth), to scrape or interfere with the platform, or to upload unlawful or infringing content.
7. Your data and intellectual property
You retain all ownership of the data you upload or generate through the Service (including customer records, water tests, photos and notes — “Customer Data”). You grant Chlor a non-exclusive, worldwide, royalty-free licence to host, store, process and display your Customer Data solely to provide and improve the Service.
Chlor and its licensors retain all right, title and interest in the Service itself, including all software, designs, trademarks, documentation and aggregated, de-identified usage statistics. No rights are granted by implication.
8. Customer responsibilities
You are responsible for the accuracy and lawfulness of all Customer Data you upload, including obtaining any consents required from your own customers under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) before using the Service to send them SMS or email communications.
9. Service availability
We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. Scheduled maintenance will be communicated in advance where reasonably practicable. We are not liable for downtime caused by third-party providers (Supabase, Paddle, Twilio, Resend, Vercel, Google), force majeure events, or your own internet connection.
10. Suspension and termination
You may cancel your subscription at any time from the Billing page. We may suspend or terminate your account immediately if you materially breach these Terms (including non-payment after written notice), or if continued provision of the Service would expose us to legal liability. On termination your right to use the Service ends, and your data will remain available for export for 30 days before being deleted.
11. Limitation of liability
Subject to clause 12, to the maximum extent permitted by law:
- Chlor’s total aggregate liability arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees you paid to Chlor for the Service in the 12 months immediately preceding the event giving rise to the liability;
- Chlor is not liable for any indirect, incidental, special, consequential or punitive loss, including loss of profit, revenue, data, goodwill, or business opportunity.
12. Australian Consumer Law
Our Service comes with consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be excluded. Where Chlor is liable for a failure to comply with a consumer guarantee in respect of services not of a kind ordinarily acquired for personal, domestic or household use, our liability is limited (at our option) to re-supplying the services or paying the cost of having the services re-supplied, except where it would not be fair or reasonable to do so.
13. Indemnity
You indemnify Chlor from and against all losses, liabilities, damages, costs and expenses (including reasonable legal costs) arising from or in connection with: (a) your breach of these Terms; (b) your Customer Data, including any claim that it infringes third-party rights or breaches privacy or spam laws; and (c) your wilful misconduct or negligence.
14. Confidentiality
Each party will keep the other’s confidential information in confidence and only use it for the purpose of performing its obligations under these Terms. Chlor will treat your Customer Data, business metrics and product feedback as your confidential information.
15. Changes to these Terms
We may update these Terms from time to time. Where changes are material, we will give you at least 30 days notice by email or in-app notice. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you may cancel your subscription before the effective date and receive a pro-rata refund of any unused prepaid fees.
16. Dispute resolution
If a dispute arises, the parties will first attempt to resolve it by good-faith negotiation, including escalation to a senior representative of each party, within 30 days of written notice. If the dispute is not resolved within that period, the parties may proceed to mediation administered by the Australian Disputes Centre or another mutually agreed mediator. Where the dispute relates to a financial product or service that falls within the jurisdiction of the Australian Financial Complaints Authority (AFCA), you may refer the matter to AFCA at afca.org.au. Otherwise, either party may commence proceedings in the courts of Queensland, Australia.
17. Governing law and jurisdiction
These Terms are governed by the laws in force in Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State.
18. General
- Assignment: you may not assign these Terms without our prior written consent (not to be unreasonably withheld). We may assign these Terms to a successor in connection with a merger, acquisition or sale of assets.
- Severability: if any provision is unenforceable, the remaining provisions continue in full force.
- Waiver: a failure to enforce any right is not a waiver of that right.
- Entire agreement: these Terms together with the Privacy Policy, Refund Policy and Acceptable Use Policy form the entire agreement between the parties.
19. Contact
Questions about these Terms? Email support@chlor.app or write to Chlor, Queensland, Australia.