TERMS OF SERVICE
Supply’d Pty Ltd (ABN 17 636 457 817)
Effective Date: 1st October 2026
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the products, services and software provided by Supply’d Pty Ltd (ABN 17 636 457 817) (“Supply’d”, “we”, “our” or “us”). By creating a User Account or using the Services, you agree to be bound by these Terms, our Privacy Policy, and any other terms or agreements that apply to the Services you use.
If you are entering into these Terms on behalf of a business or other organisation, you represent that you have authority to bind that organisation. If you do not agree to these Terms, you must not create a User Account or use the Services.
Where you have accepted a Proposal from Supply’d, that Proposal forms part of your agreement with Supply’d and sets out the applicable pricing, subscription arrangements, implementation services, inclusions and any other customer-specific commercial terms.
2. Definitions
- Services: All software solutions, platforms, applications, features and related services provided by Supply’d.
- Customer / You: The individual, business or other legal entity that creates a User Account or otherwise enters into an agreement with Supply’d.
- Authorised User: An individual who is authorised by a Customer to access or use the Services on the Customer’s behalf.
- Content: Any data, text, images, documents, files or other materials uploaded, entered, shared, transmitted, generated or imported into the Services by or on behalf of the Customer.
- Customer Data: Content and other data relating to the Customer or its business that is stored or processed through the Services.
- User Account: A registered account used to access the Services.
- Proposal: Any proposal, quote or other written commercial offer issued by Supply’d and accepted by the Customer setting out applicable pricing, subscription terms, implementation services, inclusions or other customer-specific commercial arrangements.
- Pricing Notice: A written notice issued by Supply’d to the Customer advising of an update to fees, pricing or billing arrangements, including by email or other written communication.
- Third-Party Services: Products, platforms, applications, networks, APIs or services supplied by a third party and used with or integrated into the Services.
- Beta Features: Features identified by Supply’d as beta, preview, experimental, early access or otherwise pre-release.
- Intellectual Property: All intellectual property and proprietary rights, including copyright, trademarks, patents, designs, trade secrets, know-how and related rights.
3. Acceptance of Terms
By creating a User Account or using the Services, you confirm that you have authority to enter into these Terms on behalf of yourself or the organisation you represent and agree to be bound by these Terms.
Where a Proposal has been accepted before the creation of a User Account, these Terms apply together with that Proposal from the time the User Account is created.
You also agree that notices relating to the Services, including Pricing Notices and updates to these Terms, may be provided electronically.
4. Order of Precedence
These Terms apply to all use of the Services.
Where you have accepted a Proposal from Supply’d, the Proposal forms part of your agreement with Supply’d and sets out the applicable pricing, subscription arrangements, implementation services, inclusions and other customer-specific commercial terms.
If Supply’d subsequently provides you with a Pricing Notice, the pricing or billing arrangements specified in that Pricing Notice will supersede any previous pricing or billing arrangements from the effective date stated in the Pricing Notice.
A Pricing Notice only overrides the pricing or billing arrangements that it expressly updates and does not otherwise amend an accepted Proposal or these Terms.
If there is any other inconsistency between these Terms and an accepted Proposal, the Proposal will prevail only in relation to the customer-specific commercial matter that is expressly inconsistent with these Terms.
Any separately agreed Service Level Agreement, Data Processing Agreement, Statement of Work or other written agreement will apply in accordance with its terms.
5. User Accounts
You must provide accurate and current information when creating or maintaining a User Account. You are responsible for ensuring that Authorised Users keep their login credentials confidential and for activity undertaken through User Accounts under your control.
You must notify Supply’d promptly if you become aware of unauthorised access to an account or any other suspected security incident involving the Services. Supply’d may suspend access where reasonably necessary to protect the security or integrity of the Services, Customer Data, other customers or third parties.
6. Use of the Services
You must use the Services in accordance with applicable laws and these Terms. You must not:
- attempt to gain unauthorised access to the Services or another customer’s data;
- introduce malware, malicious code or other harmful material;
- use the Services to infringe the Intellectual Property, privacy or other rights of another person;
- upload or use Content that you do not have the legal right to use;
- interfere with, disrupt or place an unreasonable load on the Services or underlying infrastructure; or
- reverse engineer, decompile or attempt to derive the source code of the Services, except to the extent such restriction is prohibited by law.
7. Data Integrity, Importation and Export
- Accuracy Responsibility: You are responsible for the accuracy, completeness and integrity of Content provided to Supply’d or entered into the Services by you, your Authorised Users or third parties acting on your behalf.
- Importation Services: Where Supply’d assists with data migration, importation or uploading, the scope of that assistance will be as agreed with you. Additional service fees may apply.
- Verification: You are responsible for reasonably reviewing and verifying migrated or imported data before relying on it for operational, financial or other business decisions.
- Customer-Supplied Data: Supply’d is not responsible for inaccuracies, omissions or corruption that existed in Content supplied by you or a third party, or for loss caused by your failure to reasonably review and verify imported or migrated data. This does not exclude liability to the extent that a loss was caused by Supply’d’s breach of these Terms, negligence or failure to comply with a right or guarantee that cannot lawfully be excluded.
- Data Export While Active: While your account remains active, you may export Customer Data using the export functionality made available within the Services. You are responsible for completing any required export before your account is terminated.
- Export After Termination: Once termination takes effect, your access to the Services, including self-service export functionality, will cease. For up to 90 days following the effective date of termination, you may request that Supply’d prepare or assist with an export of Customer Data that remains reasonably recoverable. Fees may apply to this service and will be advised before the work is undertaken.
- Retention After Termination: Supply’d will retain recoverable Customer Data for no more than 90 days following the effective date of termination, unless a longer period is required by law. After that period, Supply’d may permanently delete or de-identify Customer Data from active and recoverable systems and will have no obligation to retain, recover or provide that data. Residual copies may remain temporarily in encrypted backup systems until overwritten or deleted through Supply’d’s ordinary backup lifecycle. Any such residual copies will remain protected and will not be restored for ordinary business use except where required for disaster recovery, security or legal purposes.
8. Payment and Fees
Fees, billing cycles, subscription terms and payment requirements will be set out in the applicable Proposal, subscription plan, Pricing Notice or other written arrangement between you and Supply’d. Unless otherwise stated, fees are exclusive of applicable taxes.
Supply’d may update its fees from time to time by providing you with written notice. Updated pricing will take effect from the date specified in that notice, subject to any fixed-price period or other pricing commitment expressly agreed with you.
From its effective date, a Pricing Notice supersedes any previous pricing or billing arrangements for the affected Services only.
Payments may be processed by third-party payment providers and may also be subject to their terms. You are responsible for maintaining accurate billing and payment information.
Failure to pay an undisputed amount when due may result in suspension or termination of the Services after reasonable notice, unless immediate suspension is reasonably necessary to prevent fraud, loss or other material risk.
A notice of cancellation does not affect fees that have accrued, or amounts that remain payable under an agreed minimum term or other commitment, up to the effective date of termination. Any specific cancellation, renewal or minimum-term arrangements set out in an accepted Proposal or subsequent written agreement will continue to apply.
9. Service Availability and Updates
The Services are provided on an “as is” and “as available” basis, subject to any rights or guarantees that cannot lawfully be excluded. Supply’d aims to provide reliable availability but does not guarantee that the Services will be uninterrupted or error-free unless a specific service level has been agreed in writing.
Live platform status is available at status.supplyd.co.
Supply’d may maintain, update, improve, replace, add or remove features from time to time. Where reasonably practicable, we will provide advance notice of scheduled maintenance or material changes that are expected to significantly affect your use of the Services.
10. Third-Party Services and Integrations
The Services may connect to or rely on Third-Party Services, including accounting platforms, payment providers, eCommerce platforms, point-of-sale systems, logistics providers, communications services and other integrations.
By enabling a Third-Party Service, you authorise Supply’d to exchange Customer Data with that service as reasonably necessary to provide the integration you have requested. Your use of a Third-Party Service may also be subject to the third party’s own terms, privacy policy and fees.
Supply’d does not control Third-Party Services and is not responsible for their availability, security, performance, changes or discontinuation. Where a third party changes or withdraws an API, feature or service, Supply’d may need to modify, suspend or discontinue the affected integration. Where reasonably practicable, we will notify affected customers of a material change.
11. Privacy, Data Protection and Artificial Intelligence
Supply’d collects, uses and processes personal information in accordance with its Privacy Policy and applicable privacy and data protection laws, including the Australian Privacy Act 1988 (Cth) and, where applicable, the GDPR and CCPA. Customer Data may be processed or hosted using third-party service providers subject to appropriate safeguards.
Your data will not be used to train, improve or develop general-purpose artificial intelligence or machine learning models for the benefit of other customers or third parties, except where you expressly authorise us to do so as described below.
Supply’d may use your data to operate, configure, train, adapt or improve artificial intelligence and machine learning systems specifically for your business and your use of the Services. This may include learning from your business data and processes to improve document extraction, forecasts, recommendations, classifications and other functionality provided to your business. Customer-specific models, configurations and learned information will not be used to train models for other customers.
Document processing. Where requested or expressly authorised by you, Supply’d may use documents you provide, together with corrections or feedback associated with those documents, to train or improve Supply’d’s document-processing models. These models may be used to improve document scanning and extraction functionality for other customers. Supply’d will not use your documents for this purpose without your express authorisation.
Artificial intelligence may generate forecasts, recommendations, classifications or suggested actions. You remain responsible for reviewing and authorising material business decisions generated by these systems, except where you have expressly configured the Services to perform an action automatically.
12. Intellectual Property
Supply’d and its licensors retain all Intellectual Property rights in the Services, including software, designs, interfaces, documentation, processes, models, databases, trademarks and other materials created or supplied by Supply’d.
You retain ownership of your Content and Customer Data. You grant Supply’d a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and otherwise use Customer Data only to the extent reasonably necessary to provide, secure, support, maintain and improve the Services in accordance with these Terms and our Privacy Policy.
Nothing in these Terms transfers ownership of your Customer Data to Supply’d.
13. Beta, Preview and Experimental Features
Supply’d may make Beta Features available from time to time. Beta Features may be incomplete, change materially, contain errors or be withdrawn before general release.
Unless otherwise agreed in writing, Beta Features are not subject to any service level or availability commitment. You should exercise appropriate judgment before relying on Beta Features for critical operational, financial, compliance or safety decisions.
Supply’d may modify, restrict or discontinue a Beta Feature at any time. Nothing in this clause excludes any right or guarantee that cannot lawfully be excluded.
14. Disclaimer of Warranties
To the maximum extent permitted by law, and except for any express commitments made in an Proposal or other written agreement, the Services are provided without warranties of any kind, express or implied. Supply’d does not warrant that the Services will be uninterrupted, error-free or suitable for every particular business purpose.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
15. Limitation of Liability
To the maximum extent permitted by law, Supply’d is not liable for indirect, incidental, special, exemplary or consequential loss, including loss of profit, revenue, opportunity, goodwill or anticipated savings, arising out of or in connection with the Services.
To the maximum extent permitted by law, Supply’d’s aggregate liability arising out of or in connection with the Services or these Terms will not exceed the total fees paid or payable by you for the Services during the 12 months immediately preceding the event giving rise to the claim.
Supply’d is not liable for loss arising from inaccurate, incomplete or corrupted Content supplied by you or a third party, or from your failure to reasonably verify migrated or imported data, except to the extent that the loss was caused by Supply’d’s breach of these Terms, negligence or failure to comply with a right or guarantee that cannot lawfully be excluded.
Nothing in this clause limits or excludes liability to the extent that it cannot lawfully be limited or excluded.
16. Indemnification
You indemnify Supply’d, its officers, employees and affiliates against third-party claims, damages, losses and reasonable costs to the extent arising from:
- your unlawful use of the Services;
- a material breach of these Terms by you;
- Content supplied by you that infringes a third party’s Intellectual Property, privacy or other legal rights; or
- fraud, wilful misconduct or unlawful acts by you or your Authorised Users.
This indemnity will be reduced to the extent that the relevant loss was caused or contributed to by Supply’d.
17. Termination
You may terminate your account by written notice, subject to any minimum term, notice period or other termination requirements set out in an accepted Proposal or other written agreement with Supply’d. Termination takes effect on the date determined under those arrangements, or if no specific arrangement applies, on the date confirmed by Supply’d following receipt of your written notice.
Supply’d may suspend or terminate access immediately where reasonably necessary to address a security risk, suspected unlawful activity, fraud, material risk to the Services or another customer, or where required by law.
For other material breaches of these Terms, Supply’d may suspend or terminate the Services if the breach is not remedied within a reasonable period after written notice, where the breach is capable of remedy.
Upon the effective date of termination, your right to access and use the Services ceases. Any accrued payment obligations and any provisions that by their nature are intended to survive termination, including provisions relating to Intellectual Property, liability, indemnification, data retention, dispute resolution and confidentiality or privacy obligations, will continue to apply.
Your rights and responsibilities relating to export and retention of Customer Data following termination are set out in clause 7.
18. Force Majeure
Supply’d is not responsible for a failure or delay in performing its obligations to the extent caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, war, civil unrest, government action, widespread telecommunications or cloud infrastructure failure, cyberattack or other events that could not reasonably have been prevented or overcome.
This clause does not excuse an obligation to pay amounts that became due before the force majeure event.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of Victoria, Australia.
Before commencing court proceedings, each party agrees to make reasonable efforts to resolve a dispute through good-faith negotiation and, where appropriate, mediation. This requirement does not prevent either party from seeking urgent interlocutory or injunctive relief.
Subject to any law that provides otherwise, the courts of Victoria, Australia have exclusive jurisdiction in relation to these Terms.
20. Changes to Terms
Supply’d may update these Terms from time to time to reflect changes to the Services, law, regulation, security requirements or business practices.
Where a change is material, Supply’d will provide reasonable notice before the change takes effect by email, in-app notice or another reasonable method. Changes will apply prospectively from their effective date.
A material change to these Terms will not retrospectively increase fees or materially reduce rights expressly agreed for a current fixed subscription term, unless the change is required by law, necessary to address a material security or legal risk, or agreed with you. Otherwise, such changes will apply from your next renewal or new subscription term.
Your continued use of the Services after updated Terms take effect constitutes acceptance of the updated Terms, subject to any rights you may have under applicable law or an accepted Proposal.
Changes to fees, pricing or billing arrangements may instead be made through a Pricing Notice in accordance with clauses 4 and 8.
21. General
These Terms, together with any accepted Proposal, subsequent Pricing Notice and any other written agreement expressly stated to form part of your agreement with Supply’d, constitute the agreement between you and Supply’d in relation to the Services and supersede prior discussions or representations about the same subject matter, except where expressly preserved in writing.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be read down to the minimum extent necessary or, if it cannot be read down, severed without affecting the remaining provisions.
A failure or delay by either party to exercise a right under these Terms does not waive that right.
22. Contact Information
If you have any questions relating to Supply’d’s Terms of Service, please contact us by writing to:
The Company Secretary
Supply’d Pty Ltd
Level 2, 66 Victor Crescent
Narre Warren VIC 3805
Australia
Phone: +61 3 9068 7812
Email: [email protected]