Terms & Conditions

By accessing or using Tradewin (the “Platform”, “Service”, or “we”, “our”, “us”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms in their entirety, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you (“User”, “you”, “your”) and Tradewin. We reserve the right to update these Terms at any time. Continued use of the Platform following the posting of updated Terms constitutes your acceptance of those changes.

If you are using the Platform on behalf of a business or entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to “you” include both you individually and that entity.

Tradewin is a business productivity tool designed to assist trade professionals (“tradies”) in estimating job costs, modelling price scenarios, and generating quote documents. The Platform uses algorithmic modelling, market data aggregation, and artificial intelligence features to provide pricing suggestions and related insights.

The output generated by Tradewin — including but not limited to optimal price recommendations, profit estimates, win probability figures, market rate benchmarks, and after-tax projections — is provided for informational and decision-support purposes only. It does not constitute financial, accounting, legal, or professional advice of any kind.

Users are solely responsible for the prices they charge, the quotes they submit to clients, and all business decisions made using or informed by the Platform.

While Tradewin endeavours to provide useful and reasonably accurate outputs, we make no representations or warranties — express, implied, or statutory — as to the accuracy, completeness, reliability, fitness for purpose, or timeliness of any information, calculation, or recommendation produced by the Platform.

In particular, you acknowledge and agree that:

• Pricing recommendations are generated by mathematical models that rely on assumptions, input data provided by you, and aggregated market data. These models may be inaccurate, incomplete, or unsuitable for your specific circumstances.
• Win probability estimates are statistical in nature and do not guarantee any particular outcome on any individual job or quote.
• Market rate benchmarks are statistical indicators derived from aggregated market information and may not reflect actual market conditions in your area at any given time.
• AI-generated inputs or suggestions may be incorrect, incomplete, or inappropriate for your situation and must be verified by you before use.
• After-tax and profit calculations are illustrative only and do not account for your individual tax position, deductions, concessions, or obligations under applicable law.

You should seek independent financial, accounting, and legal advice before making significant business decisions.

To the maximum extent permitted by applicable law, Tradewin and its directors, officers, employees, contractors, agents, licensors, and affiliates (collectively, “Tradewin Parties”) shall not be liable for any:

• Loss of revenue, profit, income, or anticipated savings;
• Loss of business, contracts, customers, or goodwill;
• Loss of data or information;
• Business interruption or increased cost of working;
• Indirect, incidental, special, consequential, or punitive damages;
• Any loss or damage arising from reliance on pricing recommendations, profit estimates, market data, or any other output of the Platform;
• Any loss or damage arising from errors, omissions, interruptions, defects, delays, computer viruses, or unauthorised access;
• Any loss or damage arising from quotes sent to clients through the Platform that are accepted, declined, or disputed.

This limitation of liability applies whether the claim arises in contract, tort (including negligence), statute, or any other cause of action, and regardless of whether Tradewin has been advised of the possibility of such damages.

Where applicable law does not permit the exclusion of certain warranties or limitations of liability, the Tradewin Parties' liability shall be limited to the fullest extent permitted by law. In no event shall the total aggregate liability of the Tradewin Parties exceed the greater of (a) the amount you paid for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty dollars (AUD $50.00).

Nothing on the Platform constitutes financial advice, tax advice, legal advice, accounting advice, or any other form of professional advice. Tradewin is not a registered financial adviser, tax agent, or legal practitioner.

You should not treat any output from the Platform as a substitute for obtaining independent professional advice from a suitably qualified adviser who is familiar with your individual circumstances.

Any tax or superannuation-related calculations displayed by the Platform are illustrative only. Tax laws, rates, and obligations vary by jurisdiction and individual circumstance. You are solely responsible for your tax obligations and for engaging a registered tax agent or accountant for advice appropriate to your situation.

By using the Platform, you agree to:

• Provide accurate, complete, and up-to-date information when using the Platform;
• Independently verify all outputs before relying on them for any business decision or client communication;
• Not use the Platform to engage in any unlawful, deceptive, misleading, or fraudulent activity;
• Not attempt to reverse-engineer, copy, scrape, or otherwise misappropriate any part of the Platform or its underlying algorithms, models, or data;
• Not use the Platform to submit false, inflated, or misleading quotes to clients;
• Maintain the confidentiality of your account credentials and promptly notify us of any unauthorised access or suspected breach;
• Comply with all applicable laws and regulations in connection with your use of the Platform, including consumer protection, fair trading, and privacy laws;
• Not use the AI input features to submit harmful, offensive, or malicious content;
• Not attempt to circumvent rate limits, security controls, or access restrictions on the Platform.

The Platform enables users to generate and send quote documents to their clients via third-party email services. You acknowledge and agree that:

• You are solely responsible for the content, accuracy, and legality of any quote sent through the Platform;
• Tradewin acts only as a technical intermediary in the transmission of quote emails and accepts no responsibility for the content of those communications;
• The acceptance or rejection of a quote by a client through the Platform does not constitute a legally binding contract unless you and your client have separately agreed to such terms;
• Tradewin is not a party to any agreement between you and your client and shall not be liable for any dispute, claim, or loss arising from such agreements;
• You must comply with applicable anti-spam laws and regulations when using the Platform's email features, and you must have obtained appropriate consent from recipients before sending commercial communications.
• The Platform includes an “Auto-send Quotes” feature (available on eligible subscription plans) that automatically transmits quotes generated by the Platform's calculator to clients without manual review of each individual quote. By enabling Auto-send for any job type, you expressly represent that you have reviewed the Platform's saved pricing defaults for that job type and are satisfied that they are appropriate for automated use. The same disclaimers, limitations of liability, and user responsibilities set out in these Terms apply in full to all quotes transmitted through the Auto-send feature. Tradewin accepts no additional or special liability in connection with the Auto-send feature, and you remain solely responsible for the content, accuracy, and consequences of all auto-sent quotes.

Market rate benchmarks displayed on the Platform are statistical indicators derived from aggregated, anonymised market information. They are provided for general reference only. You acknowledge that:

• Benchmark data is indicative only and may be inaccurate, incomplete, or unrepresentative of actual market conditions;
• Confidence indicators (High, Moderate, Low, Estimated) are based on sample size only and do not guarantee the accuracy of the underlying data;
• By using the Platform, you consent to the use of anonymised data derived from your account activity;
• Tradewin does not warrant that market benchmarks are current, accurate, or appropriate for use in any particular pricing decision.

The Platform includes AI-powered features including natural language input parsing. These features are subject to the following conditions:

• AI-generated outputs are produced by large language models and may contain errors, hallucinations, or inappropriate content;
• You must review and verify all AI-generated content before acting on it;
• Access to AI features may be restricted to certain subscription tiers;
• AI features are subject to usage limits and rate limiting to ensure fair access and prevent abuse;
• Tradewin is not responsible for any loss or damage arising from reliance on AI-generated content;
• You must not attempt to manipulate, bypass, or extract confidential system instructions or model behaviour through prompt injection or similar techniques.

All content, software, algorithms, designs, trademarks, logos, and other materials on the Platform are the property of Tradewin or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your own internal business purposes. This licence does not include the right to:

• Copy, reproduce, or distribute any part of the Platform;
• Reverse-engineer, decompile, or attempt to derive the source code or underlying algorithms;
• Use the Platform's name, logo, or branding without prior written consent;
• Create derivative works based on the Platform or its content.

Any feedback, suggestions, or ideas you provide to Tradewin may be used by us without restriction or compensation to you.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy.

You acknowledge that data you input into the Platform may be stored, processed, and used in accordance with the Privacy Policy, including to operate and improve the Platform. All client personal information you enter into the Platform must be handled in accordance with applicable privacy laws, and you are responsible for obtaining any required consents from your clients.

The Platform integrates with third-party services including, but not limited to:

• Cloud infrastructure providers — database and file storage hosting the Platform's data;
• Payment processors — handling paid subscriptions;
• Accounting software integrations — optional connections to push accepted quotes as draft invoices;
• Email delivery providers — transactional email delivery;
• AI model providers — natural-language processing for job description parsing;
• Mapping and geolocation providers — location-based market rate calculations;
• SMS messaging providers — optional SMS Auto-Quote functionality (Pro and Business plans).

Tradewin does not control these services and is not responsible for their availability, accuracy, or conduct. Your use of third-party services integrated with the Platform is subject to those services' own terms and privacy policies. Tradewin shall not be liable for any loss or damage arising from your use of or reliance on third-party services.

Certain features of the Platform are available only on paid subscription plans. By subscribing to a paid plan, you agree to pay the applicable fees as displayed at the time of subscription. All fees are in Australian dollars (AUD) unless otherwise stated.

• Subscriptions are billed on a recurring basis (monthly or annually) unless cancelled;
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial periods unless required by law;
• Tradewin reserves the right to change subscription pricing upon reasonable notice;
• Failure to pay may result in suspension or termination of your account and access to paid features;
• Free tier features may be modified or withdrawn at any time without notice.

Tradewin reserves the right to suspend or terminate your access to the Platform at any time, with or without notice, if we believe you have violated these Terms, engaged in fraudulent or unlawful activity, or for any other reason at our sole discretion.

Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination — including limitations of liability, disclaimers, and intellectual property provisions — shall survive.

You agree to indemnify, defend, and hold harmless Tradewin and the Tradewin Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Platform or any output generated by it;
• Any quote you send to a client through the Platform;
• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Any dispute between you and a client or third party.

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any dispute arising out of or in connection with these Terms or your use of the Platform.

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute withTradewin informally by contacting us in writing and allowing 30 days for a response.

Nothing in this clause limits either party's right to seek urgent injunctive or other equitable relief from a court of competent jurisdiction.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot lawfully be excluded or limited.

Where Tradewin is permitted to limit its liability for a failure to comply with a consumer guarantee, our liability is limited to, at our option: (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.

The Platform is provided on an “as is” and “as available” basis without any warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by law,Tradewin expressly disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement;
• That the Platform will be uninterrupted, error-free, or free of viruses or harmful components;
• That any defects will be corrected;
• That the results obtained from use of the Platform will be accurate, reliable, or suitable for any purpose.

Tradewin reserves the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform or any feature thereof.

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

These Terms, together with our Privacy Policy, constitute the entire agreement between you andTradewin with respect to your use of the Platform and supersede all prior agreements, representations, and understandings.

If you have any questions about these Terms, please contact us. We will endeavour to respond within a reasonable timeframe.