Legal

Terms of Service

CAILO Terms of Service, End User License Agreement, Acceptable Use Policy, and Data Processing Addendum

Effective Date: 6 January 2026

These Terms of Service, End User License Agreement, Acceptable Use Policy, and Data Processing Addendum (together, the "Agreement") govern your access to and use of the software, platform, website, applications, dashboards, APIs, automations, integrations, reports, notifications, and related products and services provided by CAILO PTY LTD ("CAILO," "we," "us," or "our") (collectively, the "Services").

By accessing, registering for, subscribing to, downloading, integrating with, or using the Services, you agree to be bound by this Agreement. If you do not agree to this Agreement, you must not access or use the Services.

If you use the Services on behalf of a company, business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement, and references to "you" and "your" include both you and that entity.


1. License

Subject to your compliance with this Agreement, CAILO grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal personal, household, or internal business use, as applicable, in accordance with this Agreement and any written agreement between you and CAILO.

Your use of the Services does not transfer ownership of any intellectual property rights to you. The rights granted under this Agreement are a license only and do not constitute a sale of any software, platform, or intellectual property.

If you do not agree to this Agreement, you must discontinue use of the Services and, where applicable, delete your account and revoke any third-party integrations or permissions connected to CAILO.

2. Distribution and Reselling

Unless expressly authorized by CAILO in writing, you may not copy, reproduce, distribute, publish, sell, resell, sublicense, assign, rent, lease, transfer, or otherwise make the Services available to any third party, in whole or in part.

You may make a single archival copy only where strictly necessary for lawful internal backup purposes, provided that such copy retains all copyright, proprietary, and confidentiality notices.

Any approved redistribution, reseller, partner, white-label, enterprise, or channel arrangement requires prior written consent from CAILO and may be subject to separate commercial terms.

3. User Agreement

3.1 Eligibility and Authority

You represent and warrant that:

  1. you are legally capable of entering into this Agreement
  2. if you use the Services on behalf of an entity, you have authority to bind that entity
  3. all information you provide to CAILO is accurate, current, and complete

3.2 Consumer and Business Use

The Services may be used by both consumers and business users. Some features, pricing, billing arrangements, integrations, and obligations may differ depending on whether you are using the Services for personal use or on behalf of a business.

Nothing in this Agreement is intended to exclude, restrict, or modify any rights or remedies you may have under applicable consumer protection laws, including the Australian Consumer Law, where those rights cannot lawfully be excluded, restricted, or modified.

3.3 Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must promptly notify CAILO of any unauthorized use of your account or any suspected security incident. CAILO is not liable for any loss or damage arising from your failure to maintain account security.

3.4 Use Restrictions

You agree to use the Services only in compliance with all applicable laws, regulations, third-party rights, and this Agreement.

You must not, and must not permit any third party to:

  1. use the Services for any unlawful, fraudulent, harmful, or unauthorized purpose
  2. use the Services in violation of any privacy, consumer, data protection, surveillance, export control, sanctions, or competition laws
  3. interfere with, disrupt, or attempt to gain unauthorized access to the Services, networks, systems, accounts, APIs, or infrastructure
  4. upload, transmit, or distribute any virus, malware, ransomware, spyware, or harmful code
  5. use the Services to store, transmit, or distribute unlawful, defamatory, obscene, abusive, discriminatory, hateful, infringing, or otherwise objectionable content
  6. use automated means to scrape, extract, harvest, or mine data from the Services except where expressly authorized in writing
  7. use the Services in any way that could damage, disable, overburden, or impair the Services
  8. bypass, disable, or interfere with any security features, rate limits, or access controls
  9. use the Services in a way that infringes the rights of CAILO or any third party

3.5 Intellectual Property and Copyright Restrictions

The Services contain copyrighted works, software, source and object code, trade secrets, confidential information, branding, graphics, interfaces, reports, documentation, and other intellectual property owned by or licensed to CAILO.

Except to the extent prohibited by law, you must not:

  1. copy, modify, adapt, translate, reproduce, republish, or create derivative works from the Services
  2. reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive source code, structure, logic, or underlying ideas from the Services
  3. remove, alter, or obscure any copyright, trade mark, confidentiality, or proprietary notices
  4. use CAILO's name, logos, marks, graphics, screenshots, or branding without prior written consent

CAILO retains all right, title, and interest in and to the Services and all associated intellectual property rights. All rights not expressly granted under this Agreement are reserved by CAILO.

3.6 Third-Party Services and Integrations

The Services may connect with, rely on, or interoperate with third-party providers, platforms, devices, APIs, vehicle data platforms, telematics systems, smart home systems, automation platforms, or other connected services.

Your use of third-party services may be subject to separate terms and privacy policies imposed by those third parties. CAILO does not control and is not responsible for the availability, legality, security, accuracy, performance, or continued operation of any third-party service.

CAILO may modify, suspend, or discontinue any integration at any time, including where required by technical, commercial, security, or legal considerations.

3.7 Data, Connectivity, and Service Outputs

You acknowledge that the Services may rely on data provided by you, connected devices, vehicles, third-party APIs, automation platforms, cloud services, and internet connectivity.

CAILO does not guarantee that any telemetry, data feed, alert, notification, automation, report, workflow, insight, or output generated by the Services will be complete, accurate, uninterrupted, current, or error-free.

You are solely responsible for independently verifying outputs before relying on them for personal, business, operational, technical, legal, compliance, or safety-related purposes.

3.8 Safety-Sensitive Use and Automation Disclaimer

CAILO does not control vehicle operation or vehicle driving functions. However, the Services may connect to, trigger, support, inform, or be attached to automations, workflows, alerts, or routines operating in environments that may be safety-sensitive, including homes, businesses, workplaces, energy systems, access systems, monitoring systems, and connected devices.

You acknowledge and agree that:

  1. the Services are not designed, certified, or guaranteed for fail-safe use
  2. the Services are not intended for emergency response, life support, critical infrastructure control, medical treatment decisions, hazardous operations, or any other use where delay, interruption, malfunction, inaccurate data, or failed automation could cause death, personal injury, property damage, environmental harm, or significant commercial loss
  3. you are solely responsible for determining whether any automation, trigger, integration, alert, workflow, or connected environment is appropriate, safe, lawful, and adequately supervised
  4. you must implement your own safeguards, manual overrides, supervision measures, escalation paths, and operational controls where the Services are used in any environment that could create safety, security, access, energy, property, or operational risk
  5. CAILO is not responsible for any injury, death, loss, damage, liability, or claim arising from your configuration, activation, reliance on, or failure to supervise any automation routine, connected workflow, or safety-sensitive use case

To the maximum extent permitted by law, you assume all risks arising from the use of the Services in connection with any automation, routine, device control, notification dependency, or safety-sensitive environment.

3.9 Fees, Billing, Automatic Renewal, Cancellation, and Free Trials

If you purchase a paid subscription or other paid Services, you agree to pay all fees, charges, taxes, duties, and other amounts associated with your account in accordance with the pricing and billing terms presented to you at the time of purchase.

Unless otherwise stated in writing:

  1. subscriptions are billed in advance on a recurring basis
  2. your subscription will automatically renew for the same subscription term at the then-current applicable rate unless you cancel in accordance with this Agreement
  3. to avoid renewal for the next subscription term, you must cancel your subscription at least seven (7) working days before the end of the current billing period, where "working day" means a day other than a Saturday, Sunday, or public holiday in Queensland, Australia
  4. if you do not cancel at least seven (7) working days before renewal, the renewal charge may be processed for the next subscription term and that charge will remain payable except where otherwise required by law
  5. you authorize CAILO and its payment processors to charge your selected payment method for each renewal term without further notice, except where notice is required by applicable law
  6. fees are non-refundable except as required by law or expressly stated by CAILO in writing
  7. you are responsible for any applicable GST, VAT, sales tax, withholding tax, duties, levies, or other governmental charges
  8. CAILO may change pricing on a prospective renewal by giving reasonable prior notice
  9. if your payment method fails or your account becomes overdue, CAILO may suspend or terminate access to the paid Services

CAILO may offer free trials, promotional access periods, beta access, credits, or introductory offers from time to time. Unless otherwise stated in writing:

  1. free trials are offered for the period communicated by CAILO at the time of sign-up
  2. free trials may be limited by user, household, business, domain, account, payment method, device, geography, or other eligibility criteria determined by CAILO
  3. at the end of the free trial period, your subscription may automatically convert to a paid subscription and renew in accordance with this Agreement unless you cancel before the free trial ends
  4. CAILO may modify, withdraw, or terminate a free trial or promotional offer at any time to the extent permitted by law
  5. CAILO may refuse, limit, or cancel any free trial where it reasonably suspects abuse, duplicate registrations, fraud, or ineligibility

3.10 International Use and Global Distribution

CAILO may make the Services available across multiple countries and territories. You are solely responsible for ensuring that your access to and use of the Services is lawful in each jurisdiction in which you or your users access or use them.

You must not use, export, re-export, transfer, or make the Services available in violation of any applicable trade laws, sanctions laws, embargoes, or export control regulations of Australia, the United States, the European Union, the United Kingdom, or any other applicable jurisdiction.

You represent and warrant that:

  1. you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions where access to the Services would be prohibited
  2. you are not identified on any applicable sanctions, denied party, blocked party, or restricted persons list
  3. you will not use the Services for any prohibited end use under applicable export control or sanctions laws

CAILO may suspend or terminate access where necessary to comply with law, sanctions requirements, or risk management obligations.

3.11 Compliance with Local Laws

You are responsible for compliance with all laws and regulations applicable to your use of the Services, including those relating to privacy, data protection, electronic communications, consumer rights, surveillance, automation, access control, taxation, employment, vehicle data, telematics, and import/export compliance.

3.12 Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless CAILO, its directors, officers, employees, contractors, affiliates, agents, licensors, service providers, and distributors from and against any claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to:

  1. your use of the Services
  2. your breach of this Agreement
  3. your violation of any law or third-party right
  4. any data, content, materials, or instructions provided by you
  5. your integrations, automations, workflows, or connected device configurations
  6. your use of the Services in a safety-sensitive environment

3.13 Limitation of Liability

To the maximum extent permitted by law, CAILO and its directors, officers, employees, contractors, affiliates, agents, licensors, service providers, and distributors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, business, contracts, goodwill, anticipated savings, data, opportunity, or business interruption arising out of or in connection with this Agreement or the Services, whether in contract, tort, negligence, statute, equity, or otherwise.

To the maximum extent permitted by law, CAILO's total aggregate liability arising out of or in connection with this Agreement or the Services will not exceed the greater of:

  1. the total amount paid by you to CAILO for the Services during the twelve (12) months immediately preceding the event giving rise to the claim, or
  2. AUD $100, where no fees were paid

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited.

3.14 Warranties

Except as expressly stated in writing, the Services are provided on an "as is" and "as available" basis. CAILO makes no representations, warranties, guarantees, or conditions of any kind, whether express, implied, statutory, or otherwise, including as to merchantability, fitness for a particular purpose, title, non-infringement, compatibility, security, reliability, availability, or accuracy.

CAILO does not warrant that the Services will be uninterrupted, error-free, secure, or compatible with every jurisdiction, device, operating system, platform, or third-party service.

3.15 Suspension and Termination

CAILO may suspend, restrict, or terminate your access to the Services immediately, with or without notice, if:

  1. you breach this Agreement
  2. CAILO reasonably suspects fraudulent, unlawful, abusive, or unauthorized activity
  3. required by law, court order, sanctions obligations, or regulatory direction
  4. continued provision of the Services is no longer commercially, technically, or legally feasible

You may stop using the Services at any time and may cancel your account in accordance with the applicable cancellation process.

Upon termination:

  1. all rights granted to you under this Agreement immediately cease
  2. you must stop using the Services
  3. any outstanding payment obligations remain due and payable
  4. provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, indemnities, liability limitations, privacy, data, governing law, and dispute provisions

3.16 Enterprise Customers and Order of Precedence

CAILO may enter into separate written agreements, enterprise terms of service, service orders, master services agreements, subscription agreements, data processing addenda, security schedules, or other contractual arrangements with business, enterprise, channel, reseller, or strategic customers.

Where such a separate written agreement is executed by CAILO and the relevant customer, that separate agreement will govern to the extent of any inconsistency with this Agreement.

If no separate enterprise agreement, dedicated enterprise Terms of Service, or dedicated Data Processing Addendum has been signed by CAILO and the relevant customer, then this Agreement, including the Terms of Service, Acceptable Use Policy, and Data Processing Addendum contained herein, will remain fully binding and enforceable on that customer.

For clarity:

  1. enterprise customers may be offered dedicated commercial, operational, security, privacy, or data processing terms at CAILO's discretion
  2. no enterprise, reseller, partner, or business customer is exempt from this Agreement unless CAILO has expressly agreed otherwise in a separate written contract
  3. in the absence of a separately executed enterprise agreement, this Agreement constitutes the binding contractual framework between CAILO and the customer

4. Disclaimer of Warranty

The Services, software, platform, dashboards, automations, APIs, reports, alerts, files, and all related materials are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory.

To the maximum extent permitted by law, CAILO disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.

CAILO does not warrant that any files generated, edited, displayed, transmitted, stored, or relied upon through the Services will be error-free, complete, timely, secure, or fit for any particular purpose.

Without limiting the foregoing, CAILO disclaims any warranty that automations, alerts, notifications, or integrations will occur at any particular time, in the correct sequence, or without failure, latency, interruption, or misconfiguration.

5. Privacy and Consent to Use of Data

You agree that CAILO may collect, use, store, process, disclose, and transfer information as described in its Privacy Policy and as reasonably necessary to:

  1. provide, operate, maintain, secure, and improve the Services
  2. authenticate users and administer accounts
  3. enable integrations, dashboards, analytics, automations, notifications, and technical functionality
  4. provide billing, support, legal, compliance, service, and product communications
  5. monitor performance, detect abuse, investigate incidents, enforce this Agreement, and comply with legal obligations

Where permitted by law, CAILO may use aggregated, anonymized, or de-identified data for analytics, benchmarking, research, security, product improvement, and service development, provided such data does not identify you personally.

You represent and warrant that you have obtained all rights, notices, permissions, and consents necessary for any personal data or third-party data you provide to CAILO or cause CAILO to process through the Services.

6. Privacy and Data Protection

Your use of the Services may involve the processing of personal data. You acknowledge that:

  1. privacy and data protection laws may apply depending on your location, your users' location, and the nature of the data processed
  2. you are responsible for ensuring your own collection and use of data through the Services complies with applicable law
  3. CAILO may process and store data in Australia and other jurisdictions where CAILO, its affiliates, hosting providers, subprocessors, or service providers operate, subject to applicable safeguards and legal requirements

Additional data processing terms applicable to certain business or enterprise customers are set out in the Data Processing Addendum below.

7. Acceptable Use Policy

This Acceptable Use Policy forms part of the Agreement.

You must not use the Services to:

  1. violate any law, regulation, court order, or legal right
  2. infringe intellectual property, privacy, confidentiality, publicity, or other rights
  3. harass, abuse, threaten, stalk, defame, or discriminate against any person or group
  4. promote violence, hatred, or unlawful conduct
  5. transmit malware, harmful code, or phishing content
  6. interfere with security, integrity, or performance of the Services or any third-party system
  7. perform unauthorized penetration testing, scanning, scraping, or load testing
  8. facilitate spam, deceptive marketing, or fraudulent activity
  9. access, collect, or process personal data unlawfully
  10. use the Services in a manner that could create an unreasonable risk to life, safety, property, or critical operations without independent safeguards and human supervision
  11. circumvent subscription restrictions, usage limits, access controls, or commercial boundaries
  12. use the Services to create, enable, or propagate unlawful surveillance or other unlawful monitoring activities

CAILO may investigate suspected violations of this Acceptable Use Policy and may suspend or terminate access to the Services, remove content, disable integrations, or take other reasonable action where it believes a violation has occurred or may occur.

8. Data Processing Addendum

This Data Processing Addendum ("DPA") applies to the extent CAILO processes personal data on your behalf as a processor or service provider in connection with your use of the Services. For enterprise or business customers, CAILO may provide a separate standalone DPA. Unless and until such separate DPA is executed by CAILO, this Section 8 forms the binding DPA between the parties.

8.1 Roles

Where you submit or make available personal data to CAILO through the Services, you are the controller or responsible business, and CAILO is the processor or service provider, except to the extent CAILO processes personal data for its own legitimate business purposes described in this Agreement and Privacy Policy.

8.2 Purpose of Processing

CAILO will process personal data only for the purposes of:

  1. providing and supporting the Services
  2. maintaining security, integrity, and availability of the Services
  3. complying with documented lawful instructions from you
  4. meeting legal, regulatory, and compliance obligations
  5. other purposes expressly permitted by this Agreement or applicable law

8.3 Customer Responsibilities

You are responsible for:

  1. ensuring you have a lawful basis for collecting and providing personal data to CAILO
  2. providing required notices and obtaining any necessary consents
  3. ensuring your instructions to CAILO comply with applicable law
  4. responding to data subject requests unless otherwise agreed

8.4 Confidentiality

CAILO will take reasonable steps to ensure that persons authorized to process personal data are subject to appropriate confidentiality obligations.

8.5 Security Measures

CAILO will implement and maintain reasonable technical and organizational measures designed to protect personal data against unauthorized access, accidental loss, destruction, alteration, or disclosure, taking into account the nature of the data and the risks involved.

8.6 Subprocessors

You authorize CAILO to engage third-party subprocessors, including hosting, infrastructure, analytics, support, payment, and communications providers, as reasonably necessary to provide the Services. CAILO will remain responsible for managing such subprocessors to the extent required by applicable law.

8.7 International Transfers

You acknowledge and agree that personal data may be processed in Australia and other jurisdictions where CAILO or its subprocessors operate. Where required by applicable law, CAILO will take reasonable steps to implement appropriate safeguards for cross-border transfers.

8.8 Deletion and Return

Upon termination of the Services, CAILO may delete personal data in accordance with its standard retention practices, except to the extent retention is required by law, necessary for legitimate business records, dispute resolution, security, fraud prevention, or enforcement of this Agreement.

8.9 Data Breach

Where required by applicable law, CAILO will notify you of a confirmed personal data breach affecting personal data processed on your behalf within a reasonable time after becoming aware of it.

9. Changes to the Services and Terms

CAILO may modify, update, suspend, or discontinue any part of the Services at any time.

CAILO may also amend this Agreement from time to time. Updated terms will become effective when posted, unless a later effective date is stated. Your continued use of the Services after the effective date of updated terms constitutes acceptance of the revised Agreement.

10. Governing Law and Jurisdiction

This Agreement is governed by the laws of Queensland, Australia, without regard to conflict of law principles.

You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any courts competent to hear appeals from those courts.

Nothing in this clause prevents CAILO from seeking injunctive or equitable relief in any jurisdiction to protect its intellectual property, confidential information, systems, brand, or legal rights.

11. Severability

If any provision of this Agreement is found to be unlawful, void, invalid, or unenforceable, that provision will be deemed severed to the minimum extent necessary, and the remainder of the Agreement will remain in full force and effect.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and CAILO PTY LTD in relation to the Services and supersedes all prior or contemporaneous understandings, communications, and agreements relating to the same subject matter, except for any separate written agreement signed by CAILO.

13. Waiver

Any failure by CAILO to enforce any right or provision under this Agreement does not constitute a waiver of that right or provision unless acknowledged by CAILO in writing.

14. Assignment

You may not assign, transfer, novate, or otherwise deal with any of your rights or obligations under this Agreement without CAILO's prior written consent.

CAILO may assign, transfer, novate, or subcontract its rights and obligations under this Agreement without restriction.

15. Contact

If you have questions regarding this Agreement, please contact us via our contact page.

CAILO PTY LTD [ABN 684 100 918]
Version 1.0 as at 6 January 2026