Terms of Service

Who we are

Kontrol is supplied by Kontrol Chat Pty Ltd (ABN 95 700 310 327), an Australian company ("Kontrol", "we", "us"). These terms apply when you sign up for, or use, Kontrol. By creating an account or using the service you agree to them on behalf of yourself and the business you sign up for ("you"). If you have any questions, email [email protected] and a human will get back to you.

The service

Kontrol is an AI assistant for construction businesses that you talk to in WhatsApp and the other channels we support. It can help with things like invoices, quotes, reminders, payment follow-ups and job notes, using the information and software you connect to it.

Kontrol uses artificial intelligence, and AI can get things wrong. It can misread a message, miss a detail or produce an answer that sounds right but isn't. You are responsible for checking anything Kontrol prepares (for example an invoice, a quote, an email or a figure) before you rely on it, send it or act on it. Kontrol is a tool to help you run your business; it is not financial, tax, legal or engineering advice.

We keep improving the service, so features may change over time. If we remove something important to your plan, we will tell you first.

Your account and your people

You need to give us accurate details when you sign up and keep them up to date. You are responsible for your account, for keeping login codes and passwords private, and for everything done through your account.

Your plan includes a number of seats. You decide who in your business can use Kontrol (your authorised users) and what each of them can see and approve. You are responsible for your authorised users following these terms. Tell us straight away if you think someone has accessed your account without permission.

Plans, billing and the trial

Kontrol is a monthly subscription. The plan, its price and what it includes (including the number of seats and the price of any extra seats) are shown when you sign up. Prices are in Australian dollars and include GST.

Payments are processed by Stripe. By subscribing you authorise us, through Stripe, to charge your nominated payment method each month in advance until you cancel. Your subscription renews automatically each month until it is cancelled.

New subscriptions start with a 30 day trial. You will not be charged during the trial. If you do not cancel before the trial ends, your first monthly payment is taken when the trial ends and billing continues each month after that.

If you add seats part way through a billing period, the extra charge may be pro-rated for the rest of that period.

Cancelling and refunds

You can cancel at any time from your account or by emailing [email protected]. Cancelling stops future payments. Your access continues until the end of the billing period you have already paid for, and then ends.

We do not give refunds for part of a billing period, or for a period in which you did not use the service, except where the law requires it. Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

Price changes

We may change our prices. If we change the price of your plan, we will give you at least 30 days notice by email before the new price applies to you. If you do not want to continue at the new price, you can cancel before it takes effect.

Using Kontrol properly

You must use Kontrol lawfully and only for your business. You must not use it to send spam or unsolicited bulk messages, to harass, mislead or deceive anyone, to send anything unlawful, defamatory or infringing, to break the Spam Act 2003 (Cth) or privacy law, or to try to break, overload, reverse engineer or get around the security of the service.

When you use Kontrol in WhatsApp you must also follow the WhatsApp terms and the Meta business and commerce policies. Only message people who have agreed to hear from you. Messaging services can restrict or block numbers that break their rules, and we are not responsible for action they take because of how you use them.

Your data

You own the information you and your authorised users put into Kontrol or connect to it ("your data"). You give us permission to store, process and use your data only as needed to provide, support, secure and improve the service for you. We do not sell your data.

You are responsible for having the right to share your data with us, including any personal information about your customers, staff or subcontractors. We handle personal information as set out in our Privacy Policy at kontrol.chat/privacy.

If your subscription ends, you can ask us for a copy of your data within 30 days. After that we may delete it, unless we are required by law to keep it.

Connected software

Kontrol can connect to other software you use, such as Xero, Microsoft 365, ServiceM8 or Dropbox. Those services are provided by other companies under their own terms and privacy policies, which apply between you and them. You are responsible for your accounts with those services and for what you allow Kontrol to do in them. We are not responsible for those services, their availability or changes they make that affect the connection.

Suspension and ending the service

We may suspend or limit your access if a payment fails and is not fixed after we let you know, if you seriously or repeatedly break these terms, or if we reasonably need to in order to protect the service, other customers or anyone else from harm or unlawful use. Where it is reasonable to do so, we will warn you first and give you a chance to fix the problem.

We may end your subscription if the problem is not fixed, or for any reason by giving you at least 30 days notice by email. If we end it without cause, we will refund any amount you have paid for the period after it ends.

Liability

The Australian Consumer Law gives you guarantees that cannot be excluded. Nothing in these terms limits those guarantees or your rights under them.

Subject to that, and to the extent the law allows: we are not liable for any indirect or consequential loss, or for lost profits, revenue, data or opportunity; we are not liable for loss caused by your reliance on AI output you did not check, or by software or services we do not control; and our total liability to you for anything connected with Kontrol is limited to the fees you paid us in the 12 months before the event that caused the claim.

Where the Australian Consumer Law allows us to limit our liability for a failure to meet a guarantee, our liability is limited to supplying the service again or paying the cost of having it supplied again.

Changes to these terms

We may update these terms from time to time. If a change materially affects you, we will give you at least 30 days notice by email before it applies. If you keep using Kontrol after that, the new terms apply. The date at the top of this page shows when they were last updated.

The formal bit

These terms are governed by the laws of Victoria, Australia, and you and we submit to the courts of Victoria. If any part of these terms cannot be enforced, the rest still applies.

Questions, complaints or notices: email [email protected].