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Legal

Terms and Conditions

Last updated: 7 August 2026

1. About these Terms

These Terms govern your access to and use of the Trak job management platform, including the website at www.trak.co, the web application at app.trak.co, and the Trak In-Field mobile apps (together, the "Service"). The Service is provided by Trak Services Pty Ltd (ABN 43 662 168 943) of 468 High St, Preston VIC 3072, Australia ("Trak", "we", "us"). The Service is available globally, though some features and integrations are designed for businesses operating in Australia and New Zealand.

By creating an Account or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you confirm you have authority to bind that business, and "you" means that business. If you have signed a separate written agreement with Trak (such as a Software Licensing Agreement), that agreement prevails to the extent of any inconsistency.

The Website is operated by Trak Services Pty Ltd, ABN 43 662 168 943. Access to and use of the Website, or any of its associated products or Services, is provided by Trak Services Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Trak Services Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Trak Services Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Accounts

You can register for an Account free of charge. You must provide accurate and current information and keep it up to date. You are responsible for keeping your login credentials secure and for the activity of users you invite to your Account, including workers and subcontractors. Each individual user must be at least 18 years old or otherwise able to form a binding contract.

3. The Service

Trak provides an end-to-end job management platform for trade and service businesses, including job tracking, scheduling, quoting, invoicing, payments, SWMS and related features. Some features use artificial intelligence to process content you submit (such as extracting data from supplier invoices); AI outputs may contain errors and you are responsible for reviewing them before relying on them. We may improve, add or modify features from time to time. If we make a change that materially reduces the core functionality you have paid for, we will give you at least 30 days' notice, and you may close your Account and receive a pro-rata refund of any unused prepaid amounts.

4. Support

We provide support by email and through the in-app support channels available on your plan, during our normal business hours (Monday to Friday, excluding Victorian public holidays).

We aim to respond to general support enquiries within 2 business days, and to acknowledge reported bugs within 3 business days. Where you report a bug, we will triage it and prioritise a fix based on its severity and impact across our user base. Some issues, including those caused by third-party services, may take longer to resolve or may not be able to be resolved.

These response times are targets that we work towards in good faith. They are not guarantees, service levels or contractual commitments, and failing to meet a target is not a breach of these Terms. If you need contractual service levels, these can be agreed as part of a custom engagement. Nothing in this clause limits any consumer guarantee that applies to you.

5. Fees and payment

Fees for the Service are as disclosed on our pricing page at www.trak.co/pricing, or as set out in a custom engagement agreed with your business in writing. Where there is any inconsistency, the custom engagement prevails. Unless stated otherwise, fees are in Australian dollars and exclusive of GST and other applicable taxes.

We may change published fees by giving you at least 30 days' notice. Fee changes will not apply to credits you have already purchased or to pricing fixed under a custom engagement for its agreed term. If you do not accept a fee change, you may close your Account before the change takes effect.

Payments are processed by Stripe, and Stripe's terms apply to its services. If you have a custom engagement with us, we may instead invoice you; invoices must be paid by the due date stated on the invoice, using the payment method stated on the invoice.

If a payment fails, is reversed, or an invoice is not paid by its due date, your Account will immediately revert to our base (free) plan. Paid features will not be available until the outstanding amount is paid, at which point your plan and features are restored. You remain responsible for the amount owing and any reasonable costs we incur in recovering it.

If an amount remains unpaid after we have given you notice and a reasonable opportunity to pay, we may close your Account. If your Account is closed for non-payment, you can regain access to your Account and your Customer Data by resubscribing and paying the outstanding amount (see clause 7 for how long Customer Data is retained).

6. Refunds and credits

Credits are consumed by activity in the Service, as described on our pricing page. Except where you have a right to a remedy under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, or another mandatory consumer protection law that cannot be excluded, all fees and credits are non-refundable. In particular:

  • we do not provide refunds for change of mind, or for credits you have purchased but not used;
  • closing or deleting your Account, or having it closed for non-payment, does not entitle you to a refund of unused credits or other prepaid amounts; and
  • credits expire 24 months after purchase if unused, after which they have no value and are not refundable.

The limited refunds we do provide are set out elsewhere in these Terms: a pro-rata refund of unused prepaid amounts where we materially reduce core functionality (clause 3), withdraw the Service (clause 14), or where you reject a material change to these Terms (clause 15). Nothing in this clause limits any right you have under a consumer guarantee that applies to you.

7. Your data

You own the data you and your users upload to the Service, including client details, job records, quotes, invoices, photos and documents ("Customer Data"). You grant Trak a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display and process Customer Data solely to provide and support the Service, comply with law, and as otherwise permitted by our Privacy Policy.

You are responsible for the accuracy and lawfulness of Customer Data, including ensuring you have the right to upload personal information about your clients, workers and subcontractors.

You may export your Customer Data at any time while your Account is active, and you may delete your Account at any time from within the Service. Important: export your Customer Data before deleting your Account. When you delete your Account, your Customer Data is deleted and will not be available afterwards (subject to our legal retention obligations and routine backup cycles).

If your Account is closed for non-payment (clause 5), your Customer Data is retained for 30 days and you can regain access by resubscribing within that period; after 30 days it may be deleted. If we terminate your Account for breach of these Terms (clause 14), we will give you 7 days from termination to export your Customer Data, after which it is deleted. Our Privacy Policy explains how we handle personal information, security and data breaches.

8. Acceptable use

You must use the Service lawfully and must not:

  • interfere with the security, integrity or performance of the Service, including hacking, probing or reverse-engineering our systems, or imposing an unreasonable load on our infrastructure;
  • use the Service to break any law, including privacy, data protection and export control laws;
  • stalk, harass, threaten, defraud or impersonate any person, or misrepresent an association with Trak or any third party;
  • abuse, harass, threaten, or direct discriminatory, violent or persistently offensive conduct at our staff or contractors, whether through support channels, email, phone, social media or otherwise;
  • access the Service other than through interfaces we support or expressly permit;
  • use the email, SMS or notification features of the Service to send spam or unsolicited commercial messages. You must only send commercial messages to people who have consented or with whom you have an existing business relationship, you must comply with applicable anti-spam laws (including the Spam Act 2003 (Cth) and the Unsolicited Electronic Messages Act 2007 (NZ)), and you are responsible for identifying yourself as the sender and honouring opt-out requests;
  • misuse AI-assisted features, including attempting to extract or manipulate the underlying models; or
  • upload content that is unlawful, infringing, or malicious (including viruses or other harmful code).

9. Third-party services and integrations

The Service can connect to third-party products. Examples of integrations we offer from time to time include accounting platforms (Xero, MYOB, QuickBooks), payment integrations (Stripe, BPAY), automation platforms (Zapier) and supplier integrations. This list is a guide only, is not exhaustive, and the integrations we offer will change over time.

Integrations depend on systems we do not control. An integration may stop working, work differently, become unavailable, or be withdrawn for reasons outside our control, including where the third party experiences downtime, changes or deprecates its API, changes its pricing or terms, restricts our access, or ceases to operate. We do not guarantee that any particular integration will be available, will keep working, or will continue to be supported, and we may add, change, suspend or remove integrations. Where we withdraw an integration and this materially reduces core functionality you have paid for, clause 3 applies.

You choose whether to connect a third-party product, your use of it is governed by that third party's own terms, and we are not responsible for its acts or omissions. To the extent permitted by law, we are not liable for loss caused by a third-party service, except to the extent caused by our failure to comply with these Terms or a consumer guarantee.

10. Intellectual property

Trak and its licensors own all intellectual property in the Service, including software, design, trade marks and content we supply (excluding Customer Data). We grant you a non-exclusive, non-transferable licence to use the Service for your internal business purposes while you hold an Account. If you give us feedback or suggestions, we may use them without restriction or payment, but this does not transfer any rights in your Customer Data.

Template content we provide (including SWMS templates and report templates) is provided as a starting point only. You are responsible for ensuring documents you generate meet the legal and safety requirements that apply to your business.

11. Consumer guarantees

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, and for New Zealand consumers, under the Consumer Guarantees Act 1993 (NZ). Nothing in these Terms excludes, restricts or modifies any right or remedy you have under those laws, or any other mandatory consumer protection law of the country where you live, that cannot lawfully be excluded.

12. Liability

Subject to clause 11, and to the extent permitted by law:

  • neither party is liable to the other for consequential or indirect loss, loss of profits, loss of revenue or loss of goodwill, except that this does not limit your payment obligations or liability arising from your breach of clause 8 (Acceptable use) or infringement of our intellectual property;
  • Trak's total aggregate liability arising out of or in connection with the Service or these Terms is limited to the lesser of (a) the amounts you paid to Trak in the 6 months before the event giving rise to the claim, and (b) AUD $10,000, but in any case not less than AUD $500;
  • Trak is not liable for unavailability, delay, degraded performance or loss of data to the extent caused by a failure of third-party infrastructure or services outside our control (including hosting, telecommunications, integration and payment providers) or by other events beyond our reasonable control, except to the extent we could have avoided or mitigated the impact by taking reasonable precautions (such as maintaining reasonable backups); and
  • where a consumer guarantee applies and our liability may lawfully be limited, it is limited to resupplying the services or paying the cost of having them resupplied.

You are responsible for maintaining your own backups of critical business records exported from the Service, and for your compliance with workplace safety, licensing and tax obligations.

13. Indemnity

You indemnify Trak against loss arising from third-party claims to the extent caused by: (a) Customer Data infringing a third party's rights; or (b) your unlawful use of the Service, except to the extent the loss was caused or contributed to by Trak. This indemnity is limited to loss that is reasonably foreseeable.

14. Suspension and termination

You may close your Account at any time from within the Service or by written notice to us.

We may suspend or terminate your Account if: (a) you materially breach these Terms and, where the breach can be remedied, fail to remedy it within 14 days of our written notice; (b) we reasonably suspect fraud, unlawful activity, or a serious security risk (in which case we may suspend immediately while we investigate); (ba) you or your users abuse, harass or threaten our staff or contractors, in which case we may suspend or terminate at our discretion, immediately in serious cases; (c) fees remain unpaid 14 days after a reminder notice; or (d) we are required to by law. We may also withdraw the Service entirely on at least 60 days' notice, in which case we will refund any unused prepaid amounts.

On termination, clause 7 governs export and deletion of your Customer Data.

15. Changes to these Terms

We may update these Terms from time to time. For material changes, we will give you at least 30 days' notice by email or in-app notice before the change takes effect. If you do not accept a material change, you may close your Account before the effective date and receive a pro-rata refund of unused prepaid amounts. Continuing to use the Service after the effective date constitutes acceptance. Non-material changes (such as clarifications or new feature terms) take effect when published.

16. Dispute resolution

Before starting court proceedings (other than for urgent interlocutory relief or a debt claim), a party must give the other written notice of the dispute, and the parties must negotiate in good faith for 28 days. If unresolved, either party may refer the dispute to mediation administered by the Resolution Institute, held in Melbourne or by video conference, with the mediator's costs shared equally. Nothing in this clause prevents you from making a complaint to a regulator or exercising rights under the Australian Consumer Law or the consumer law of your country.

17. General

These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria. If you are a consumer outside Australia, this does not deprive you of the protection of mandatory laws of the country where you live. If any part of these Terms is unenforceable, it is severed and the rest remains in force. We may assign these Terms as part of a sale or restructure of our business, provided the assignee assumes our obligations; you may not assign without our consent (not to be unreasonably withheld). Notices to Trak should be sent to [email protected] or 468 High St, Preston VIC 3072; notices to you will be sent to your Account email.

Contact us

Trak Services Pty Ltd
468 High St, Preston VIC 3072, Australia
ABN 43 662 168 943
[email protected]