Legal

Software & Services Agreement

The terms that govern your use of WorkM8 software applications, custom forms, integrations and automations, and consulting services. Last updated 29 April 2026.

This Software & Services Agreement (Agreement) is between you (you, the Customer) and WorkM8 Consulting (ABN 45 853 922 742) (we, us, our, WorkM8). It governs your use of our software applications, our forms, our integrations and automations, and any consulting services we provide.

By installing, accessing, subscribing to, or otherwise using our software, or by engaging us to provide consulting, integration, automation, or form-building services, you agree to be bound by this Agreement. If you do not agree, do not use our software or engage our services.

1. Definitions

  • 1.1 Apps means each WorkM8 software application, including:
    1. Booking Manager
    2. Job Time Entry
    3. Job Time Review
    4. Photo GPS
    5. Project Checklist
    6. ZIP Attachments

    and any other software application that we make available from time to time, whether on the ServiceM8 add-on store, our Website, or otherwise. Each App is licensed and not sold.

  • 1.2 Forms means any custom ServiceM8 form file (.sm8f or equivalent) that we develop and deliver to you, whether on a one-off purchase or subscription basis.
  • 1.3 Integrations and Automations means workflows, integrations, and automations we design, build, configure, or deploy on third-party platforms, including but not limited to ServiceM8, n8n, Zapier, Pabbly Connect, Make, Fillout Forms, Jotform, Mailchimp, and Wink Reports.
  • 1.4 Services means our consulting, configuration, training, support, and other professional services.
  • 1.5 Deliverables means anything we create, configure, or deliver to you under an engagement, including Apps, Forms, Integrations and Automations, documentation, and configurations.
  • 1.6 Customer Data means data that belongs to you or your customers and that is processed by, or passed through, the Apps, Forms, Integrations and Automations, or Services.
  • 1.7 Subscription Fee means the recurring fee payable for an App, Form, or Integration and Automation that is supplied on a subscription basis, as set out in your order or invoice.
  • 1.8 ServiceM8 means the field-service management platform operated by ServiceM8 Pty Ltd, a third party. WorkM8 is independent of ServiceM8.

2. Licence to use the Apps

  • 2.1 Subject to your compliance with this Agreement and payment of any applicable Subscription Fee, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Apps for your internal business purposes only, on the ServiceM8 account(s) you have authorised.
  • 2.2 The licence to a one-off purchased Form is perpetual, royalty-free, and non-transferable, but limited to use on the ServiceM8 account(s) for which the Form was supplied.
  • 2.3 You must not, and must not permit any third party to:
    1. Sell, rent, lease, sublicense, distribute, host, or otherwise commercially exploit the Apps, Forms, or Integrations and Automations.
    2. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Apps.
    3. Use the Apps, Forms, or Integrations and Automations to build a similar or competing product or service.
    4. Copy any features, functions, or graphics of the Apps, Forms, or Integrations and Automations, except as expressly permitted.
    5. Remove, alter, or obscure any proprietary notices (including copyright and trade mark notices).
    6. Use any automated process, bot, or script to interact with the Apps, except as expressly permitted in their documentation.

3. Intellectual property

  • 3.1 We retain all right, title, and interest in and to the Apps, Forms, Integrations and Automations, Deliverables, our methodologies, our documentation, our source code, our configurations, and any improvement, enhancement, or derivative work, whether created before, during, or after an engagement (Background and Foreground IP).
  • 3.2 Nothing in this Agreement transfers ownership of any of our intellectual property to you. You receive only the limited licence expressly granted in this Agreement.
  • 3.3 Notwithstanding any other provision, the design, code, structure, configuration, and underlying source files of any Apps, Forms, Integrations and Automations, and other Deliverables remain our confidential property unless ownership is expressly assigned to you in a written addendum signed by us.
  • 3.4 You retain ownership of Customer Data. You grant us a non-exclusive licence to access, use, copy, store, and process Customer Data only to the extent necessary to provide the Apps, Forms, Integrations and Automations, and Services.
  • 3.5 Where you provide feedback, suggestions, or improvement ideas, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use that feedback to improve our products and services. We are not obliged to act on any feedback.

4. Trade marks

  • 4.1 WORKM8 is a registered trade mark of WorkM8 Consulting in Australia under registration numbers 1900575 and 2095712, in classes 9 and 42, with intended use across Australia and New Zealand. The names WorkM8, WorkM8 Consulting, and our logos are our trade marks.
  • 4.2 Use of our trade marks (including in any product name, business name, domain name, social media handle, marketing material, or course or training material) requires our prior written consent. Consent will not be granted where use is likely to cause confusion, imply unauthorised sponsorship or endorsement, or otherwise infringe our rights.
  • 4.3 Nothing in this Agreement grants you any right or licence to use our trade marks, except the limited right to refer to us by name to identify us as the supplier of the Apps, Forms, Integrations and Automations, or Services.

5. Beta and pre-release software

  • 5.1 We may from time to time make Apps, Forms, or Integrations and Automations available as a beta, preview, evaluation, or other pre-release version (Beta Software). Beta Software is provided to allow testing and feedback and is not intended for production reliance.
  • 5.2 Beta Software is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we exclude all warranties, conditions, and representations in relation to Beta Software.
  • 5.3 We may modify, suspend, or discontinue Beta Software at any time, including by removing features or migrating to a paid release. We may, but are not obliged to, give notice before doing so.
  • 5.4 Information you provide to us in connection with Beta Software (including bug reports, feedback, and usage data) may be used by us to improve our products and services in accordance with clause 3.5.

6. Customer obligations

  • 6.1 You must:
    1. Use the Apps, Forms, Integrations and Automations, and Services only for lawful purposes and in accordance with this Agreement and the documentation.
    2. Maintain valid licences and accounts for any third-party platforms required for the Apps, Forms, Integrations and Automations, or Services to operate (including ServiceM8).
    3. Keep your account credentials secure and notify us promptly of any unauthorised access.
    4. Provide accurate information when registering, ordering, and configuring our Apps and Services.
    5. Not use the Apps, Forms, Integrations and Automations, or Services in a way that could damage, disable, overburden, or impair our systems or any third-party platform.

7. Data and privacy

  • 7.1 Our handling of personal information is governed by our Privacy Policy.
  • 7.2 Where we process Customer Data on your behalf, we act as your processor (or, in Australian framing, on your behalf as the entity responsible). We will:
    1. Process Customer Data only as necessary to provide the Apps, Forms, Integrations and Automations, and Services, or as required by law.
    2. Implement reasonable security measures appropriate to the nature of the Customer Data.
    3. Notify you without undue delay of any actual data breach affecting your Customer Data, in accordance with applicable law.
  • 7.3 You are responsible for the lawfulness of the Customer Data you provide to us, and for obtaining any consents required from your end users or staff.

8. Fees and payment

  • 8.1 Subscription Fees are billed in advance on the cycle specified in your order or invoice (typically monthly or annually). One-off fees are payable as set out in the order or invoice.
  • 8.2 All fees are payable through Stripe, which we use as our payment processor. By providing payment details, you agree to Stripe's terms of service. We do not store full card numbers.
  • 8.3 Unless stated otherwise, fees are exclusive of GST and any other applicable taxes, which will be added at the prevailing rate.
  • 8.4 We may change Subscription Fees on at least 30 days' written notice. If you do not agree to the change, you may terminate the affected subscription before the change takes effect.
  • 8.5 If a payment is declined or returned, you are responsible for any fees charged by your financial institution. We may suspend access to the Apps, Forms, Integrations and Automations, or Services until payment is received.

9. Refunds

  • 9.1 Subscription Fees are non-refundable, except where required by law (including under the Australian Consumer Law) or where we agree, at our discretion, to provide a refund.

10. Disclaimer of warranties

  • 10.1 Subject to clause 11, the Apps, Forms, Integrations and Automations, and Services are provided on an "as is" and "as available" basis.
  • 10.2 To the maximum extent permitted by law, we make no representation or warranty (express or implied) that:
    1. The Apps, Forms, Integrations and Automations, or Services will meet your requirements.
    2. Operation will be uninterrupted, error-free, or free from harmful components.
    3. Defects will be corrected.
    4. Third-party platforms (including ServiceM8) on which our Apps, Forms, Integrations and Automations depend will operate without interruption or change.

11. Australian Consumer Law

  • 11.1 Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any equivalent New Zealand consumer law that cannot be excluded, restricted, or modified.
  • 11.2 Where a consumer guarantee applies and the goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability for failure to comply with that guarantee is limited (at our option) to:
    1. In the case of goods, replacement or repair, or supply of equivalent goods, or payment of the cost of doing any of these things.
    2. In the case of services, supplying the services again, or payment of the cost of doing so.

12. Limitation of liability

  • 12.1 Subject to clause 11, our total aggregate liability arising under or in connection with this Agreement, however arising (including under contract, tort, statute, or otherwise), is limited to the fees you have paid to us under the affected order in the 12 months immediately preceding the event giving rise to the liability.
  • 12.2 To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive loss or damage, including loss of profits, revenue, data, goodwill, or anticipated savings.

13. Indemnity

  • 13.1 You indemnify us, our personnel, and our subcontractors against all claims, losses, damages, liabilities, costs, and expenses (including reasonable legal costs) arising out of:
    1. Your breach of this Agreement.
    2. Your use of the Apps, Forms, Integrations and Automations, or Services in a manner that breaches a law or third-party right.
    3. Customer Data you supply to us, including any claim that the Customer Data infringes a third party's rights.

14. Suspension and termination

  • 14.1 Either party may terminate a subscription on 30 days' written notice, unless a different notice period is set out in your order.
  • 14.2 We may suspend or terminate your access to the Apps, Forms, Integrations and Automations, or Services immediately if:
    1. You materially breach this Agreement and (where the breach is capable of being remedied) do not remedy the breach within 14 days of being asked to do so.
    2. You become insolvent, enter administration, or are wound up.
    3. We are required to do so by law.
    4. Continued provision becomes commercially unviable, in which case we will give as much notice as is reasonably practicable and refund any prepaid Subscription Fee for the unused portion of the term.
  • 14.3 On termination, all licences granted to you cease, you must stop using the Apps, Forms, Integrations and Automations, and Services, and we may delete Customer Data after a reasonable retention period unless you instruct us otherwise.

15. Changes to this Agreement

  • 15.1 We may change this Agreement from time to time. Where a change materially affects your rights, we will give you reasonable notice (typically at least 30 days) before the change takes effect. If you do not agree to the change, you may terminate the affected subscription before the change takes effect.

16. Dispute resolution

  • 16.1 If a dispute arises out of or in connection with this Agreement, neither party may start court proceedings (other than for urgent interlocutory relief) until the following process has been complied with.
  • 16.2 The party claiming a dispute must give written notice to the other party setting out the nature of the dispute, the desired outcome, and the action required to settle it.
  • 16.3 The parties must attempt to resolve the dispute by good-faith negotiation within 14 days of the notice. If the dispute is not resolved in that time, the parties must agree on a mediator or, failing agreement, request the appointment of a mediator by the Resolution Institute (resolution.institute).
  • 16.4 Mediation costs are shared equally. Each party pays its own legal costs. Mediation will be held in Sydney, Australia, or by video conference if both parties agree.
  • 16.5 All communications in the dispute resolution process are confidential and made on a "without prejudice" basis.

17. Governing law and jurisdiction

  • 17.1 This Agreement is governed by the laws of New South Wales, Australia.
  • 17.2 Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

18. General

  • 18.1 If any provision of this Agreement is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in force.
  • 18.2 A failure or delay in exercising a right is not a waiver of that right.
  • 18.3 This Agreement, together with any order, statement of work, or addendum signed by both parties, is the entire agreement between the parties on its subject matter and supersedes all prior agreements and understandings.
  • 18.4 We may use subcontractors to perform any of our obligations. We remain responsible for the performance of those obligations.
  • 18.5 You may not assign this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, in connection with a sale, merger, or restructure of our business.

19. Contact

Software & Services Agreement · ABN 45 853 922 742