1. Agreement to Terms
By accessing or using the HeadOS platform (the "Service"), including any associated websites, applications, and services operated by Adam McVeigh trading as TapHead.co (ABN 35 816 338 524) ("HeadOS", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Service.
These Terms constitute a legally binding agreement between you ("Customer", "you", or "your") and HeadOS. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
2. Description of Service
HeadOS provides a cloud-based business management software platform ("Software as a Service" or "SaaS") designed for various industries including but not limited to: breweries, distilleries, trade services, bakeries, coffee roasters, agricultural operations, and event management businesses. The Service includes access to modules for customer relationship management (CRM), production management, inventory control, scheduling, invoicing, and related business operations.
3. Account Registration and Security
3.1 To access the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify HeadOS of any unauthorised use of your account or any other breach of security.
3.3 HeadOS reserves the right to suspend or terminate your account if any information provided is found to be inaccurate, false, or incomplete, or if you violate these Terms.
4. Subscription and Payment Terms
4.1 Subscription Plans: HeadOS offers various subscription tiers (Solo, Basic, and Pro) with different feature sets and user seat allocations. Details of current pricing and features are available on our website.
4.2 Free Trial: We may offer a free trial period. At the end of the trial, your account will be suspended unless you subscribe to a paid plan. No credit card is required during the trial period.
4.3 Billing: Subscriptions are billed in advance on a monthly or annual basis as selected at signup. All fees are quoted and payable in the currency applicable to your region (AUD, USD, GBP, EUR, NZD, or CAD).
4.4 Payment Processing: Payments are processed securely via Stripe. By providing payment information, you authorise HeadOS to charge the applicable fees to your nominated payment method.
4.5 Taxes: Prices are currently GST-free as TapHead.co is not registered for GST. If GST registration occurs in the future, applicable taxes will be added where required by law.
4.6 Price Changes: HeadOS reserves the right to modify pricing with 30 days' notice. Price changes will not affect your current billing cycle.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:
- Use the Service in any way that violates applicable laws or regulations
- Attempt to gain unauthorised access to any part of the Service or related systems
- Transmit any malicious code, viruses, or harmful data
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Resell, sublicense, or share access to the Service without written authorisation
- Use the Service to store or transmit any content that is defamatory, obscene, or infringes intellectual property rights
6. Data Ownership and Privacy
6.1 Your Data: You retain all ownership rights to the data you input into the Service ("Customer Data"). HeadOS does not claim ownership of your Customer Data.
6.2 Licence to HeadOS: You grant HeadOS a limited, non-exclusive licence to access, process, and display your Customer Data solely for the purpose of providing and improving the Service.
6.3 Data Security: HeadOS implements industry-standard security measures to protect your data, including encryption in transit and at rest. However, no method of electronic transmission or storage is 100% secure.
6.4 Privacy Policy: Our collection and use of personal information is governed by our Privacy Policy, available on our website, which forms part of these Terms.
6.5 Data Export: Upon request or termination of your account, HeadOS will provide a reasonable opportunity to export your Customer Data in a standard format.
7. Intellectual Property
7.1 The Service, including all software, designs, text, graphics, logos, and other content (excluding Customer Data), is the property of HeadOS and is protected by copyright, trademark, and other intellectual property laws.
7.2 These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Service for your internal business purposes during your subscription period.
7.3 HeadOS, TapHead, TradeHead, BakeHead, BrewHead, GrowHead, EventHead, and associated logos are trademarks of Adam McVeigh trading as TapHead.co. You may not use these marks without prior written consent.
8. Third-Party Integrations
8.1 The Service may integrate with third-party applications and services (e.g., QuickBooks Online, Xero, Stripe). Your use of such integrations is subject to the terms and conditions of those third parties.
8.2 HeadOS is not responsible for the availability, accuracy, or content of third-party services, nor for any loss or damage arising from your use of such services.
9. Service Availability and Support
9.1 HeadOS aims to provide 99.9% uptime but does not guarantee uninterrupted access to the Service. Scheduled maintenance will be communicated in advance where practicable.
9.2 Technical support is provided via email and in-app messaging during business hours. Response times vary by subscription tier.
9.3 HeadOS reserves the right to modify, suspend, or discontinue any feature of the Service with reasonable notice.
10. Limitation of Liability
10.1 To the maximum extent permitted by law, HeadOS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service.
10.2 HeadOS's total liability for any claim arising from or related to the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the claim.
10.3 Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or personal injury caused by negligence.
11. Indemnification
You agree to indemnify, defend, and hold harmless HeadOS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) your Customer Data.
12. Termination
12.1 By You: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial billing periods.
12.2 By HeadOS: HeadOS may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay fees when due, or engage in conduct that HeadOS reasonably determines is harmful to the Service or other users.
12.3 Effect of Termination: Upon termination, your right to access the Service ceases immediately. HeadOS will retain your Customer Data for a period of 30 days, after which it may be permanently deleted.
13. Dispute Resolution
13.1 These Terms are governed by the laws of Victoria, Australia. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria.
13.2 Before initiating legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days.
14. General Provisions
14.1 Entire Agreement: These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and HeadOS.
14.2 Amendments: HeadOS may update these Terms from time to time. Material changes will be notified via email or through the Service. Continued use of the Service after changes constitutes acceptance.
14.3 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
14.4 Waiver: Failure by HeadOS to enforce any right or provision shall not constitute a waiver of that right or provision.
14.5 Assignment: You may not assign or transfer your rights under these Terms without HeadOS's written consent. HeadOS may assign its rights and obligations without restriction.
15. Contact Information
For questions about these Terms, please contact us at:
Adam McVeigh trading as TapHead.co
Email: info@taphead.co
Website: www.taphead.co
By using HeadOS, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.