Last updated: 1 April 2026

1. Acceptance of Terms

By accessing or using the DriveAgent platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service. We recommend that you print or save a copy of these Terms for your records.

2. Description of Service

DriveAgent provides an AI-native automotive dealership platform that includes customer relationship management, inventory management, AI-powered communications, marketing automation, analytics, and related tools ("Service"). The Service is designed specifically for automotive dealerships and related businesses operating in Australia and New Zealand.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes where practicable.

3. Account Registration

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring that all users within your organisation comply with these Terms

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

4. Subscription and Billing

Access to the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis as selected during sign-up. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

• Subscription renewals are automatic unless cancelled before the renewal date
• We may adjust pricing with 30 days written notice before your next billing cycle
• Refunds are provided on a pro-rata basis for annual subscriptions cancelled within the first 30 days
• Failed payments may result in service suspension after a 7-day grace period

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 to transmit spam, unsolicited messages, or misleading content
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use the Service to store or transmit material that infringes intellectual property rights
• Resell, sublicence, or redistribute the Service without our written consent
• Use the AI features to generate content that is deceptive, harmful, or in violation of applicable advertising standards

6. Intellectual Property

The Service, including all software, AI models, designs, text, graphics, and other content, is owned by DriveAgent Pty Ltd and is protected by Australian and international intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes.

You retain ownership of all data you upload to the platform. By using the Service, you grant us a licence to process your data as necessary to provide and improve the Service, including the training of AI models on aggregated and anonymised datasets.

7. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your collection and use of customer data through the platform complies with the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).

We act as a data processor on your behalf. You remain the data controller for all customer information processed through the Service.

8. Service Availability

We target 99.9% platform uptime and will use commercially reasonable efforts to maintain Service availability. However, we do not guarantee uninterrupted access and the Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where practicable)
• Emergency security patches or critical updates
• Circumstances beyond our reasonable control, including force majeure events

9. Limitation of Liability

To the maximum extent permitted by Australian law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010):

• Our total liability for any claim arising from or related to the Service is limited to the fees you paid in the 12 months preceding the claim
• We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or business opportunities
• We are not liable for decisions made based on AI-generated content or recommendations provided by the Service

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian law, including guarantees under the Australian Consumer Law.

10. Termination

You may cancel your subscription at any time through your account settings or by contacting our support team. Cancellation takes effect at the end of your current billing period.

We may suspend or terminate your access to the Service immediately if you breach these Terms, fail to pay subscription fees, or engage in conduct that we reasonably believe is harmful to the Service, other users, or our business.

Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days following termination, after which it will be permanently deleted.

11. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for the resolution of any disputes arising under or in connection with these Terms.

Before commencing legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiation for a period of not less than 30 days.

12. Contact Us

If you have questions about these Terms of Service, contact us at: