Terms and Conditions

• “Account” means a Kepd user account, whether held by a tradesperson/trades business or a property manager/owner.
• “Customer Data” means personal or business information about your own clients, customers or properties that you input into, or generate through, the App.
• “Content” means any data, text, photos, notes, quotes, invoices or other material submitted to or generated within the App.
• “Kepd AI” means the AI-assisted features within the App that draft quotes, respond to queries or suggest actions.
• “Third-Party Services” means integrated third-party platforms such as Stripe, Square, Xero, QuickBooks, Twilio, ClickSend, Resend, Mapbox and Voyage AI.
• “Property Logbook” means the ongoing record of a property’s condition, inspection, service and compliance history (including notes, condition ratings, compliance status and photos) that Kepd maintains against the property itself rather than against any single Account, as further described in clause 6 and our Privacy Policy.

Kepd Trade is field-service management software that helps tradespeople and trades businesses manage job requests, quotes, scheduling, field operations, invoicing and cashflow, and provides property managers and owners with visibility into work carried out on their properties. The App includes Kepd AI features that assist with drafting quotes and suggesting next steps based on your account data.

We may add, modify, suspend or discontinue features of the Services at any time, including to reflect changes in technology, security requirements or business needs. Where reasonably practicable, we will provide advance notice of material changes that adversely affect core functionality.

• You must be at least 18 years old and capable of forming a binding contract to create an Account.
• You must provide accurate, current and complete information when registering, and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. Notify us immediately at tech@kepd.com.au if you suspect unauthorised use of your Account.
• Where you register on behalf of a business, you may add team members or sub-accounts; you are responsible for their compliance with these Terms and for managing their access permissions.

Subject to your compliance with these Terms, Kepd grants you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on devices you own or control, solely for your internal business purposes (if you are a tradesperson/trades business) or to view and manage information about your properties (if you are a property manager/owner). This licence does not include any right to:

• resell, sublicense, rent or lease the App;
• reverse engineer, decompile or disassemble the App, except to the extent permitted by law;
• copy, modify or create derivative works of the App; or
• remove or alter any proprietary notices.

Any rights not expressly granted to you are reserved by Kepd and its licensors.

You must not use the App to:

• breach any applicable law or regulation, including consumer protection, privacy, trade practices or fair-trading laws;
• infringe the intellectual property, privacy or other rights of any person;
• upload or transmit Content that is unlawful, defamatory, harassing, fraudulent or misleading;
• interfere with or disrupt the integrity or performance of the App, including via malware, unauthorised access, or excessive automated use (e.g. scraping);
• monitor, benchmark or gather competitive intelligence about the App or its performance, or use the App to build, develop or assist a third party to build or develop a product or service that competes with the App, in each case without our prior written consent;
• attempt to gain unauthorised access to any account, system or network connected to the App; or
• use the App to send a commercial electronic message (including SMS or email) to any person without the consent required under the Spam Act 2003 (Cth) or the Unsolicited Electronic Messages Act 2007 (NZ), or otherwise send unsolicited communications (spam) to customers or third parties.

We may investigate suspected breaches and take appropriate action, including suspension or termination of your Account under clause 13.

• You are solely responsible for the accuracy, legality and appropriateness of all Content and Customer Data you input into the App, and for having all necessary rights, notices and consents to provide personal information about third parties (such as your customers) to us.
• You retain ownership of your Content and Customer Data. You grant Kepd a licence to host, store, process, transmit and display that data solely to provide, maintain, secure and improve the Services (including Kepd AI features), and as otherwise described in our Privacy Policy.
• You must maintain your own backups of critical business records where practicable. While we take reasonable steps to protect and back up data, we do not guarantee against data loss.
• Where your Content or Customer Data forms part of a Property Logbook (clause 1), that record is maintained against the property rather than solely against your Account. It is not deleted when your Account is closed, and control of it - including the condition, inspection and compliance history it contains - may pass to a different Kepd organisation if administration of the property is transferred (for example, to an incoming property manager or trades provider). This is described further in our Privacy Policy.

Kepd AI-generated content (including draft quotes, suggested responses and recommendations) is provided as a convenience and starting point only. It may be inaccurate, incomplete or unsuitable for your circumstances. You are responsible for reviewing, verifying and approving any AI-generated content before relying on it, sending it to a customer, or using it to price or perform work. Kepd is not liable for losses arising from your reliance on unreviewed AI-generated output.

Certain features of the App may be offered on a subscription or usage basis, as described at kepd.com.au or within the App at the time of purchase (“Fees”). Except as required by law or as otherwise stated at the point of sale:

• Fees are quoted in Australian dollars (or, for New Zealand users, as displayed) and exclude GST/applicable taxes unless stated otherwise;
• subscriptions renew automatically for successive periods unless cancelled prior to the renewal date, in accordance with the cancellation process made available in the App or via your App Store/Google Play account settings;
• where a subscription is purchased through Apple’s App Store or Google Play, billing, renewal and cancellation are also governed by that platform’s terms and are managed through your Apple ID or Google Play account; and
• fees are non-refundable except as required by law, including the Australian Consumer Law, or as set out in clause 13 (Suspension and termination) or clause 17 (Changes to these Terms).

Payments for jobs, quotes and invoices you issue to your own customers through the App are processed by Stripe and/or Square. Kepd is not a party to those transactions and is not responsible for payment disputes between you and your customers, beyond facilitating the technical processing of payments.

The App integrates with Third-Party Services, including Stripe, Square, Xero, QuickBooks, Twilio, ClickSend, Resend, Mapbox, Google (Gmail API), Microsoft, Anthropic and Voyage AI, to provide payment processing, accounting synchronisation, messaging, transactional email, address/mapping, optional mailbox intake, and AI-assistant functionality. Your use of any Third-Party Service is subject to that provider’s own terms and privacy policy, and connecting a Third-Party Service authorises us to share relevant data with it as necessary to provide the integration. We are not responsible for the acts, omissions, availability or performance of Third-Party Services.

The App, including its software, design, text, graphics, logos and the Kepd name and branding, is owned by or licensed to Kepd and is protected by copyright, trademark and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you, other than the limited licence in clause 4.

Where you download the App from the Apple App Store or Google Play, the following additional terms apply and take precedence over any conflicting provision of these Terms in respect of the relevant platform:

• These Terms are between you and Kepd only, and not with Apple Inc. or Google LLC. Kepd, not Apple or Google, is solely responsible for the App and its content.
• The licence granted to you in respect of an Apple-distributed App is limited to a non-transferable licence to use the App on an Apple-branded product that you own or control, in accordance with the Apple Media Services Terms and Conditions / App Store usage rules.
• Apple and Google have no obligation to furnish any maintenance or support services for the App. To the extent any such obligation exists, it is Kepd’s, as set out in these Terms.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price (if any) for that App to you; to the maximum extent permitted by law, Apple and Google have no other warranty obligation with respect to the App.
• Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• Apple and Google are not responsible for the investigation, defence, settlement or discharge of any third-party claim that the App or your possession and use of it infringes a third party’s intellectual property rights.
• You represent that you are not located in a country subject to a relevant government embargo, and are not on any government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms (e.g. your mobile device or software licence agreement) while using the App.
• Apple Inc. and Google LLC, and their respective subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, each will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted, secure or error-free.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or equivalent legislation (including the Consumer Guarantees Act 1993 (NZ), where applicable) that cannot lawfully be excluded, restricted or modified. Our liability for a failure to comply with a consumer guarantee is limited, at our option and to the extent permitted by law, to resupplying the Services or paying the cost of having the Services resupplied. Nor does anything in these Terms exclude, restrict or modify any right or remedy conferred on you under the Fair Trading Act 1986 (NZ), including in respect of unfair contract terms, that cannot lawfully be excluded, restricted or modified.

• You may stop using the App and delete your Account at any time via in-app settings or by contacting us.
• If you breach these Terms, we will give you written notice describing the breach and a reasonable opportunity (of at least 10 business days, unless the breach is not capable of remedy) to fix it before we suspend or terminate your access.
• Despite clause 13.2, we may suspend or terminate your access to the Services immediately and without notice where reasonably necessary to prevent or address a security threat, suspected fraud or unlawful conduct, or where required by law.
• On termination, your licence to use the App ends immediately. You may request export of your Content and Customer Data within a reasonable period following termination, after which we may delete it in accordance with our data retention practices and legal obligations, as described in our Privacy Policy.
• If we terminate your Account for our convenience, or otherwise without a breach by you, we will refund a pro-rata portion of any Fees you have prepaid for the period following the date of termination that you have not used.

To the maximum extent permitted by law, and subject to clause 12:

• Kepd’s total aggregate liability arising out of or in connection with these Terms or your use of the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount you paid to Kepd for the Services in the twelve (12) months preceding the event giving rise to the claim; and
• Kepd is not liable for any indirect, special, consequential, or incidental loss or damage, or for loss of profits, revenue, data, business or goodwill, even if advised of the possibility of such loss.

These limitations do not apply to liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law.

To the extent permitted by law, you agree to indemnify and hold Kepd, its officers, employees and agents harmless from and against any claims, losses, liabilities and expenses (including reasonable legal costs) arising out of your breach of these Terms, your misuse of the Services, your violation of any law or the rights of a third party, including in relation to Customer Data you have input into the App, or your acts or omissions in obtaining any notices or consents required to send SMS, email or other communications to your customers using the Services.

Our collection, use and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms.

We may update these Terms from time to time to reflect changes to the Services, legal or regulatory requirements, or our business practices. We will post updated Terms within the App or on our website and update the “Effective date” above. Material changes will be notified to you via in-app notice or email where reasonably practicable. If a material change adversely affects the core functionality of the Services or increases your Fees and you do not wish to continue on the updated Terms, you may notify us within 30 days of the change taking effect and terminate your Account; in that case we will refund a pro-rata portion of any Fees you have prepaid, calculated from the date you notify us. Otherwise, your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

These Terms are governed by the laws of Western Australia, Australia, and you submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts, without limiting our right to bring proceedings against you in your place of residence or business (including in New Zealand). Before commencing formal proceedings, the parties agree to use reasonable endeavours to resolve any dispute through good-faith negotiation.

• Entire agreement: These Terms, together with our Privacy Policy and any order/subscription terms presented to you at purchase, constitute the entire agreement between you and Kepd regarding the Services.
• Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
• No waiver: A failure by Kepd to enforce a provision is not a waiver of our right to do so later.
• Assignment: You may not assign or transfer your rights under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.
• Notices: We may provide notices to you via the App, email, or by posting on our website. You may contact us using the details below.

• Eastmarket Investments Pty Ltd (trading as Kepd)
• ABN: 73 636 076 974
• Address: 10/100 Hay Street, Subiaco WA 6008, Australia
• Email: tech@kepd.com.au
• Website: https://kepd.com.au