Terms of service

1. Who this is between

“We” and “us” are Walking Kangaroo. “You” is the window-cleaning business that subscribes to PanePilot, and the people it gives accounts to — its owner and its workers. If you are agreeing to these terms for a business, you are confirming you are authorised to bind it.

PanePilot is sold to businesses, not to consumers, and is not intended for personal or household use.

2. What PanePilot is

A web application for running a window-cleaning business: quoting per pane, scheduling recurring visits, completing jobs in the field, invoicing, recording payments, and tracking worker time and pay. It installs to a phone’s home screen but is not a native app store application.

PanePilot is under active development and we add to it regularly. We may change or remove a feature, but we will not materially reduce the service you are paying for without telling you at least 30 days beforehand.

3. Accounts and access

There is no public sign-up. Accounts exist because a business owner created them, and a person can sign in only if the email address they authenticate with matches an account their business has already added. You are responsible for who you give an account to, and for removing people who leave — deactivating them in the app takes effect within minutes.

People sign in with an account they already hold: Google, Microsoft, or a code emailed to any address. We never see or store a password. Keeping the account you sign in with secure is your responsibility, and we are not liable for what happens through an account you failed to secure or failed to deactivate.

The two roles are Owner and Worker, and what each may see is enforced by the system. Do not try to reach data the system does not give you, including another business’s.

4. Your data is yours

Everything you put into PanePilot — customers, properties, quotes, jobs, invoices, payments, photos, time records — remains yours. We claim no ownership of it and no licence to it beyond what we need to run the service for you, keep it secure, back it up and support you when you ask.

We do not use your data for our own purposes, do not sell it, do not share it with other businesses on PanePilot, and do not use it to train machine-learning models.

You can ask for an export of your data at any time and we will provide it in a usable format. How we handle personal information is in the privacy policy, which forms part of these terms.

5. What you are responsible for

You are responsible for the accuracy and lawfulness of what you put in, and for the obligations you have to your own customers and workers. In particular:

• Your customers’ personal information is collected by you. You need a lawful basis for holding it and for contacting them, and you must have your own privacy practices in place. We handle it on your instructions.
• Invoices, tax and GST treatment are yours to get right. PanePilot produces documents from the settings you give it; it is not tax advice, and it does not check your figures against the ATO’s requirements.
• Worker pay calculated in PanePilot is a calculation from the rates and times you enter. Meeting your obligations under the Fair Work Act and any applicable award, including minimum rates, penalties and superannuation, is yours — PanePilot does not know your award and does not check compliance with it.
• Sending emails and text messages through PanePilot means complying with the Spam Act: you need the recipient’s consent and must honour an unsubscribe or opt-out request.

6. Acceptable use

You must not:

• try to access another business’s data, or any part of the system you have not been given access to;
• probe, scan or test the security of the service without our written permission, or interfere with its operation;
• resell, sublicence or white-label PanePilot, or use it to run a service for businesses that do not have their own subscription;
• upload malware, or content that is unlawful, or content you have no right to upload;
• use automated means to extract data at a scale that degrades the service for others, or copy the service to build a competing one.

We may suspend access immediately if we reasonably believe this clause is being breached or that an account is compromised. Where we can, we will tell you first.

7. Fees

Subscription fees, the billing period, and what is included are set out in the arrangement we agree with you when you are onboarded. Fees are in Australian dollars. We are not registered for GST and do not charge it; if that changes, we will tell you before GST is added to any fee.

We may change our fees on 30 days’ notice. If a change does not suit you, you may cancel before it takes effect. Fees already paid for a period are not refunded if you cancel part way through it, except where the law requires a refund.

8. Availability and support

We work to keep PanePilot available and to fix problems promptly, but we do not offer a guaranteed uptime figure and the service is provided as is. It can be unavailable for maintenance, or because of a failure at a provider we depend on. Where maintenance is planned, we will give notice and schedule it outside business hours where we can.

The database is backed up and restorable. You should still keep your own copies of anything you cannot afford to lose — an export is available at any time.

Support is by email to support@walkingkangaroo.com during Australian business hours.

9. Liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to re-supplying the service or paying the cost of having it re-supplied.

Subject to that, and to the extent the law allows: we are not liable for indirect or consequential loss, lost profits, lost business or lost data; and our total liability arising out of or in connection with these terms in any 12-month period is limited to the fees you paid us in that period.

PanePilot produces calculations and documents from what you enter. It is not financial, tax, legal or employment advice, and checking that an invoice, a price or a pay figure is right before you act on it remains yours to do.

10. Confidentiality

Each of us may learn things about the other that are not public. Neither of us will disclose the other’s confidential information except to people who need it to perform this agreement, or where the law requires it.

11. Our intellectual property

PanePilot itself — the software, its design, and the PanePilot name and logo — remains ours. Your subscription is a right to use it, not a transfer of any of it. If you send us feedback or a suggestion, we may act on it without owing you anything for it.

12. Ending the agreement

You may cancel at any time by telling us. We may end the agreement on 30 days’ notice, or immediately if you materially breach these terms and do not fix it within 14 days of being asked, or if you become insolvent.

When the agreement ends, access stops. We will give you an export of your data if you ask for it within 30 days, and we will then delete your account and its data within 90 days, except anything we must keep to meet a legal obligation.

13. Changes to these terms

We may update these terms. For a material change we will give at least 30 days’ notice by email to the business’s registered contact, and continuing to use PanePilot after it takes effect means you accept it. If you do not accept it, you may cancel before it takes effect.

14. General

These terms, with the privacy policy and the subscription arrangement we agree with you, are the whole agreement between us about PanePilot. If a clause is unenforceable, the rest stands. A delay in enforcing a right is not a waiver of it. You may not transfer this agreement without our consent, which we will not unreasonably withhold.

These terms are governed by the law of South Australia, Australia, and each of us submits to the courts of that place. We will both try to resolve a dispute by talking before either of us starts proceedings.

Questions about these terms: support@walkingkangaroo.com.