Terms of Service
Last updated: 30 April 2026
IMPORTANT — PLEASE READ CAREFULLY.These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and GraphRetail("Company", "we", "us", "our"). By accessing or using the GraphRetail platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using the GraphRetailplatform ("Service"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Description of Service
GraphRetail provides a cloud-based retail and repair management platform. The Service includes, but is not limited to, the following modules and features:
- Point of Sale (POS): Transaction processing, barcode scanning, receipt generation, held sales, gift cards, SIM plan sales, and payment handling
- Inventory Management: Stock tracking, stock transfers between locations, purchase orders, supplier management, and low-stock alerts
- Repair Tracking: Repair job creation, status workflows, device brand/model catalogues, parts tracking, customer notifications, and repair-specific invoicing
- Invoicing: Invoice creation, recurring invoices, PDF generation, payment terms, and automated invoice delivery
- Customer Relationship Management (CRM): Customer profiles, purchase history, contact management, and customer segmentation
- Marketing: Campaign creation, SMS and email marketing via third-party providers (e.g., Twilio), and customer outreach tools
- Dashboard & Reporting: Sales analytics, revenue reports, staff performance metrics, and KPI tracking
- AI-Powered Features: AI sales coaching, executive reports, natural-language analytics queries, and automated upsell recommendations
- Multi-Location Management: Multi-store support, per-location settings, staff assignment, and cross-location inventory transfers
- Staff Management: Staff accounts, role-based access control (RBAC), and activity logging
The Service is provided on a subscription basis with free and paid tiers. The Service is provided "as is" and "as available" without any representations, warranties, or guarantees of any kind.
3. Account Registration
To use the Service, you must:
- Provide accurate and complete registration information
- Maintain the security and confidentiality of your account credentials
- Be at least 18 years of age or the age of majority in your jurisdiction
- Accept full responsibility for all activity that occurs under your account, including actions by staff accounts you create
- Immediately notify us of any unauthorised use of your account
You are solely responsible for maintaining the confidentiality of your account credentials and for managing staff access permissions through the RBAC system. We will not be liable for any loss, damage, or expense arising from your failure to comply with this section or from misconfigured access controls.
4. Subscription and Payment
The Service offers free and paid subscription tiers. Paid subscriptions are billed monthly per store location via Stripe. You may upgrade, downgrade, or cancel your subscription at any time. No refunds are provided for partial months of service, unused features, or any period during which the Service was available but you did not use it. All fees are exclusive of applicable taxes (including GST).
5. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable laws
- Process fraudulent transactions through the POS system
- Upload false or misleading inventory, pricing, or customer data
- Attempt to gain unauthorised access to any part of the Service, other users' data, or other tenants' data
- Interfere with or disrupt the integrity, security, or performance of the Service
- Use automated systems to scrape, crawl, or extract data from the Service
- Send unsolicited marketing communications in violation of anti-spam laws using the Marketing module
- Resell, sublicense, or redistribute the Service without our prior written consent
- Attempt to reverse-engineer, decompile, or disassemble any part of the Service
6. Your Data and Data Responsibility
You retain all ownership rights to your data, including sales records, inventory data, customer records, repair records, invoices, staff data, and any other business information you enter into the Service. We do not claim ownership of any content you submit. We will handle your data in accordance with our Privacy Policy.
6.1 Our Data Protection Practices
We are committed to maintaining the highest standards of data protection and backup practices. Our infrastructure implements enterprise-grade safeguards including, but not limited to:
- Automated encrypted backups performed on a regular schedule
- Off-site backup replication for geographic redundancy
- Automated backup integrity verification and restoration testing
- Encryption of data in transit (TLS/HTTPS) and at rest
- Tenant-isolated database architecture to prevent cross-contamination
- Role-based access controls and audit logging across all modules
- Continuous infrastructure monitoring and alerting
Notwithstanding the above, the implementation of these measures does not constitute a warranty, guarantee, or assumption of liability for the preservation, integrity, or availability of your data. These measures are provided on a commercially reasonable, best-effort basis and do not alter or limit the disclaimers and limitations of liability set forth in these Terms. No level of backup or security infrastructure can guarantee absolute protection against all forms of data loss.
6.2 Your Responsibility
NOTWITHSTANDING OUR BACKUP PRACTICES, YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:
- Maintaining independent backups of all your data, including sales records, inventory data, customer records, invoices, repair job records, financial data, staff records, marketing lists, and any other information stored within the Service
- Verifying the accuracy of all POS transactions, inventory counts, invoice amounts, repair status records, and financial reporting outputs
- Implementing your own data recovery procedures independent of the Service
- Exporting your data regularly to ensure you have current copies of all critical business information
- Complying with all applicable laws regarding the storage and handling of your customers' personal data within the CRM
While we maintain rigorous backup and recovery infrastructure, we strongly recommend that you maintain your own independent backup systems and do not rely solely on the Service for the storage or preservation of your data. The Company has no obligation to maintain, store, or return any data after account termination.
7. Module-Specific Terms
7.1 Point of Sale
You are solely responsible for the accuracy of all transactions processed through the POS module, including prices, quantities, tax calculations, discounts, and refunds. The Company is not responsible for financial discrepancies, incorrect tax filings, or revenue reporting errors arising from POS transactions. Receipt generation is provided as a convenience and does not constitute a tax invoice unless configured as such by you. Gift card balances and held sales are stored in the Service database and are subject to the same data loss disclaimers outlined in Section 9.
7.2 Inventory Management
Stock levels, transfer records, purchase orders, and supplier data are tracked within the Service as entered by you and your staff. We do not guarantee the accuracy of inventory counts and are not liable for stock discrepancies, shrinkage, or loss arising from reliance on inventory data within the Service.
7.3 Repair Tracking
Repair status workflows, device catalogues, parts tracking, and customer notifications are provided as workflow management tools. The Company is not liable for any loss, damage, or liability arising from repair work performed, repair status miscommunication, missed notifications, lost or damaged customer devices, or incorrect repair pricing.
7.4 Invoicing
Invoices generated by the Service are based on data you provide. You are solely responsible for ensuring invoices comply with applicable tax laws, business registration requirements, and accounting standards. The Company is not a financial institution and does not provide accounting, tax, or legal advice. Recurring invoices are generated automatically and you are responsible for reviewing their accuracy.
7.5 CRM & Marketing
You are solely responsible for ensuring that your use of the CRM and Marketing modules complies with all applicable privacy laws, anti-spam legislation (including the Australian Spam Act 2003), and data protection regulations. You must obtain appropriate consent before sending marketing communications. We are not liable for any penalties, fines, or claims arising from your marketing activities.
7.6 Dashboard, Reporting & Analytics
Reports, charts, KPIs, and analytics outputs are derived from data you have entered into the Service. We do not guarantee the accuracy, completeness, or timeliness of any reports. You should not rely solely on the Service for financial reporting, tax compliance, or regulatory submissions.
8. AI Features Disclaimer
The Service includes AI-powered features including sales coaching, executive reports, natural-language analytics queries, and automated upsell recommendations. AI outputs are provided solely as informational suggestions and must not be treated as professional, financial, legal, or tax advice.
You are solely responsible for reviewing, verifying, and approving any AI-generated content before acting upon it. We make no representations or warranties regarding the accuracy, completeness, reliability, or suitability of any AI-generated output. We disclaim all liability for any decisions made or actions taken based on AI-generated content, including but not limited to pricing recommendations, upsell suggestions, and analytics insights.
9. Data Loss, Corruption, and No-Liability Disclaimer
CRITICAL DISCLAIMER: THE COMPANY SHALL NOT BE HELD LIABLE, UNDER ANY CIRCUMSTANCES WHATSOEVER, FOR ANY LOSS, CORRUPTION, DESTRUCTION, ALTERATION, UNAUTHORISED ACCESS TO, OR INADVERTENT DISCLOSURE OF DATA OR INFORMATION STORED, TRANSMITTED, OR PROCESSED THROUGH THE SERVICE — INCLUDING BUT NOT LIMITED TO SALES DATA, INVENTORY RECORDS, CUSTOMER DATA, REPAIR RECORDS, INVOICES, FINANCIAL DATA, STAFF DATA, AND MARKETING DATA.
Without limiting the foregoing, we are not liable for data loss or corruption caused by:
- Server failures, hardware malfunctions, or infrastructure outages
- Software bugs, errors, defects, or unintended behaviour in any module
- Database corruption, filesystem errors, or storage media failure
- Scheduled or unscheduled maintenance, updates, migrations, or upgrades
- Cyberattacks, hacking, ransomware, denial-of-service attacks, or any security breach
- Third-party service provider failures (including hosting, payment, SMS, email, or AI providers)
- Data migration, import, export, or synchronisation processes
- API errors, webhook processing issues, or integration failures
- Human error, whether by our personnel or yours
- Natural disasters, power outages, or force majeure events
- Account termination, suspension, or cancellation
- Any other cause, whether known or unknown, foreseeable or unforeseeable
You expressly acknowledge and agree that the use of the Service is at your sole risk and that the entire risk as to the quality, performance, accuracy, and integrity of data within the Service is with you.
10. Service Availability
While we endeavour to maintain high availability, we do not guarantee uninterrupted, timely, secure, or error-free access. We may perform maintenance at any time, with or without notice. We shall not be liable for any interruption, suspension, or termination of the Service.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS". THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND THAT DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GraphRetail, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS — REGARDLESS OF CAUSE, INCLUDING SYSTEM FAILURES, SOFTWARE ERRORS, SECURITY BREACHES, OR NEGLIGENCE.
THE COMPANY'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) AUD $100.
13. Indemnification
You agree to indemnify, defend, and hold harmless GraphRetail from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, infringement of third-party rights, your failure to maintain adequate backups, any loss or corruption of data, or any claim by your customers related to data you stored in the Service.
14. Force Majeure
The Company shall not be liable for any failure or delay resulting from causes beyond reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government action, power or internet failure, cyberattack, or third-party service disruption.
15. Third-Party Services
The Service integrates with third-party providers including Stripe (payments), Twilio (SMS/communications), AI model providers, and cloud hosting infrastructure. We are not responsible for the availability, reliability, or practices of any third-party service. Your use of third-party services is subject to their respective terms.
16. Intellectual Property
The Service and its original content, features, and functionality are the exclusive property of GraphRetail. The Service is protected by copyright, trademark, and other laws of Australia. Our trademarks may not be used without prior written consent.
17. Termination
We may suspend or terminate your access immediately, without notice, for any reason. Upon termination: your right to use the Service ceases; you remain liable for accrued charges; we may delete your data without notice; you may request data export within 30 days, subject to technical feasibility. All provisions that should survive termination shall survive, including liability limitations, disclaimers, and indemnification.
18. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use constitutes acceptance. If you disagree with changes, you must stop using the Service.
19. Dispute Resolution
Disputes shall first be attempted through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA). YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT IN CLASS OR REPRESENTATIVE ACTIONS.
20. Severability & Entire Agreement
If any provision is held unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy, constitute the entire agreement between you and GraphRetail concerning the Service.
21. Governing Law
These Terms are governed by the laws of the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Australia.
22. Contact Us
If you have questions about these Terms, contact us at legal@graphretail.com.