Terms of Service

These Terms of Service (“Terms”) are a legal agreement between you and J.B Light & C Yang (ABN 92 828 414 163), a partnership trading as “Toolie” (“Toolie”, “we”, “us”, “our”), of 258 Bourke Street, Glen Innes, NSW 2370, Australia. They govern your use of the Toolie mobile app and its backend services (together, the “Service”). By creating an account or otherwise using the Service, you agree to these Terms. If you don’t agree, please don’t use the Service.

1. What Toolie is

Toolie is a tool for tradespeople to record jobs, materials, and overhead expenses, and to track quoted amounts against costs. It is a record-keeping and calculation tool for figures you enter yourself. Toolie does not process payments between you and your clients, and does not provide accounting, tax, legal, or financial advice. Figures the app shows you (including cost and profit calculations) are derived mechanically from what you enter, and you’re responsible for verifying their accuracy for your own business and compliance purposes. Toolie is not a substitute for professional advice: you should consult a qualified accountant, bookkeeper, or tax professional before relying on any figure the app produces for tax reporting, BAS, lodgement, or any other compliance or regulatory purpose.

2. Eligibility and your account

You must be at least 18 years old and capable of forming a binding contract to use Toolie. You’re responsible for the accuracy of the information you enter, for keeping your password secure, and for all activity that happens under your account. Tell us immediately at toolie@marsbound.co if you suspect unauthorised access to your account.

3. Your data and content

The jobs, materials, and expenses you enter (“Your Content”) remain yours. You grant us a limited licence to host, store, process, and display Your Content solely for the purpose of operating and providing the Service to you. We don’t use it for any other purpose. See our Privacy Policy for how we handle it. You can permanently delete your account and all of its data at any time from Settings.

3.1 Your responsibility for third-party information

If you enter information about someone else (for example, a client’s name or email address against a job), you confirm that you have the right to provide that information to us and that doing so complies with any obligations you owe that person (including under any applicable privacy law). You are solely responsible for the accuracy and lawfulness of any third-party information you enter into the Service.

4. Free tier and subscriptions

• The free tier allows up to 3 jobs, total, for the lifetime of an account.
• Creating a 4th job requires subscribing to Toolie Pro Monthly, an auto-renewing subscription with a subscription period of 1 month, billed through Apple’s in-app purchase system. The price is charged in your local currency as shown on the purchase screen at the time you subscribe, and is charged to your Apple ID account at confirmation of purchase.
• The subscription renews automatically for successive 1-month periods unless it is cancelled at least 24 hours before the end of the current period. Cancel any time through your device’s App Store subscription settings. Toolie doesn’t process billing or cancellations directly, since Apple manages the entire billing relationship with you.
• Refunds for in-app purchases are handled by Apple under Apple’s own refund policies, not by Toolie directly. See Apple App Store terms below for how to request one.
• We may change subscription pricing for future billing periods; where required, we’ll give you reasonable notice before a price change takes effect for your subscription.

5. Acceptable use

You agree not to:

• Use the Service for anything unlawful, fraudulent, or that infringes someone else’s rights;
• Attempt to gain unauthorised access to the Service, other users’ accounts, or our systems;
• Interfere with, disrupt, or place an unreasonable load on the Service; or
• Reverse-engineer, decompile, or attempt to extract the source code of the app, except to the extent applicable law gives you the right to do so despite this restriction.

6. Intellectual property

The Toolie app, its design, branding, and underlying software are owned by us or our licensors and protected by copyright and other intellectual property laws. Other than Your Content and the limited right to use the app as intended, nothing in these Terms transfers any intellectual property rights to you. If you send us feedback or suggestions, you agree we can use them without any obligation to you.

7. Third-party services

The Service relies on third-party providers: Apple/RevenueCat for in-app purchases, Resend for transactional email, and Vercel/Neon for hosting. We aren’t responsible for the availability or performance of these third-party services, and your use of them (for example, your Apple ID and App Store account) is also governed by their own terms.

8. Apple App Store terms

If you downloaded the app from Apple’s App Store, the following additional terms apply and take priority over anything inconsistent elsewhere in these Terms, as required by Apple:

• These Terms are between you and us only, not with Apple, and Apple has no obligation whatsoever to furnish any maintenance or support services for the app.
• Your licence to use the app is limited to a non-transferable licence to use it on any Apple-branded product you own or control, as permitted by the App Store’s Usage Rules.
• We, not Apple, are solely responsible for the app and its content, and for any product warranties, whether express or implied by law to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• We, not Apple, are responsible for addressing any of your claims or any third-party claims relating to the app or your possession and/or use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• We, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of any claim that the app or your possession and use of it infringes a third party’s intellectual property rights.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with any applicable third-party agreement when using the app (for example, your wireless data service agreement must not be violated by your use of the app).
• Our name and contact details for any question, complaint, or claim relating to the app are set out in Contact below.
• Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence to use the app, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

9. Modifications to the Service

We may add, change, or remove features of the Service, or discontinue the Service entirely, at any time. Where a change materially and adversely affects a feature you’re actively paying for as a Toolie Pro subscriber, we’ll give you reasonable notice where practicable so you have the opportunity to cancel before your next billing period. This section doesn’t limit your right to delete your account and stop using the Service at any time for any reason.

10. Disclaimers

The Service is provided “as is” and “as available.” We work to keep it accurate and available, but we don’t guarantee it will be uninterrupted, timely, secure, or error-free, or that any figures it calculates will be fit for any particular purpose beyond the general job-costing estimate the app is designed to provide. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted, or modified.

11. Limitation of liability

To the maximum extent permitted by law, and subject to Disclaimers above:

• We exclude all liability for indirect, special, or consequential loss, or loss of profits, revenue, or business opportunity, arising from your use of the Service, including decisions made based on figures you entered or the Service calculated.
• Our total aggregate liability to you, whether arising from one event, or a series of related or unrelated events, and however that liability arises (including in contract, tort/negligence, or otherwise), is limited to the amount you paid us for the Service in the 12 months before the claim arose, or AUD $100, whichever is greater.
• To the extent permitted by law, any claim you wish to bring against us relating to the Service must be brought within 12 months of the date the event giving rise to the claim occurred, after which it’s time-barred.

This limitation does not apply to liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our negligence, or for fraud.

12. Indemnity

To the extent permitted by law, you agree to indemnify us against any loss, damage, cost, or expense (including reasonable legal costs) arising from a third-party claim relating to: (a) your breach of these Terms; (b) Your Content, including any third-party information you enter without the right to do so; or (c) your unlawful or unauthorised use of the Service.

13. Force majeure

We aren’t liable for any failure or delay in performing the Service caused by circumstances beyond our reasonable control, including outages or failures of a third-party provider we rely on (Apple, RevenueCat, Resend, Vercel, Neon, or your own internet/mobile carrier), natural disaster, or any other event we could not reasonably have prevented.

14. Suspension and termination

You may stop using Toolie and permanently delete your account at any time from Settings. We may suspend or terminate your access to the Service if you materially breach these Terms, where reasonably necessary to protect the security or integrity of the Service, or as required by law. Where practicable, we’ll give you notice first. Sections of these Terms that by their nature should survive termination (including Disclaimers, Limitation of liability, Indemnity, and Governing law) continue to apply after your account is deleted or terminated.

15. Changes to these Terms

We may update these Terms from time to time, for example to reflect a new feature or a change in the law. If we make a material change, we’ll update the date at the top of this page and, where the change is significant, take reasonable steps to bring it to your attention in-app before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

16. General

• Governing law: These Terms are governed by the laws of New South Wales, Australia, and you and we both submit to the non-exclusive jurisdiction of its courts.
• Dispute resolution: If a dispute arises, please contact us first at toolie@marsbound.co and give us a reasonable opportunity (at least 30 days) to resolve it informally before either of us commences legal proceedings.
• No reliance: You acknowledge that, in agreeing to these Terms, you have not relied on any representation, warranty, or statement made by or on behalf of us that isn’t expressly set out in these Terms or our Privacy Policy.
• Acknowledgment: By using the Service, you confirm that you’ve read and understood the Disclaimers and Limitation of liability sections above, and agree to be bound by them.
• Severability: If any part of these Terms is found unenforceable, the rest continues to apply.
• No waiver: If we don’t enforce a right under these Terms, that doesn’t mean we’ve given it up.
• Assignment: You may not transfer your rights under these Terms without our consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire agreement: These Terms, together with our Privacy Policy, are the entire agreement between you and us about the Service, and supersede any earlier agreement on the same subject.

17. Contact

Questions, complaints, or claims about these Terms or the app:

• Email: toolie@marsbound.co
• Post: J.B Light & C Yang, 258 Bourke Street, Glen Innes, NSW 2370, Australia
• ABN: 92 828 414 163