Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "User") and ToadOps Pty Ltd (ABN 62 689 868 264) ("ToadOps", "we", "us", or "our"), an Australian company based in Lowood, Queensland.

By creating an account, accessing or using the ToadOps mobile application, the ToadOps web application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. Description of the Service

ToadOps is an automated pest detection and deterrent system. The Service includes:

• ToadOps hardware devices that detect and deter invasive cane toads
• The ToadOps mobile application for device setup, configuration, and monitoring
• The ToadOps web application for account management and device monitoring
• Cloud services for image processing, detection analytics, and device management

3. Account Registration

To use the Service, you must create an account by providing a valid email address and setting a password. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us promptly of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where possible.

4. User Obligations

You agree to:

• Use the Service only for lawful purposes and in accordance with these Terms
• Comply with all applicable local, state, national, and international laws and regulations, including any laws relating to wildlife management and pest control in your jurisdiction
• Ensure that ToadOps devices are installed and operated in accordance with any provided instructions and guidelines
• Not use the Service to harm, threaten, or harass any person or animal other than invasive pest species as intended
• Not attempt to reverse engineer, decompile, or disassemble any part of the Service
• Not interfere with or disrupt the integrity or performance of the Service
• Not attempt to gain unauthorised access to any part of the Service, other accounts, or systems connected to the Service

5. Device Usage and Safety

ToadOps devices are designed for the deterrence of invasive cane toads and must be used responsibly. You acknowledge and agree that:

• You are solely responsible for the placement, installation, and operation of your ToadOps device
• You will ensure the device is positioned and configured to minimise the risk of unintended engagement with non-target animals, people, or property
• You will configure and use the safety features provided (including species-specific confidence thresholds for people, dogs, cats, birds, and frogs) as appropriate for your environment
• You are responsible for complying with any local regulations regarding automated pest control devices
• The detection and classification models used by the Service are provided on an "as-is" basis and may not identify all species or targets with complete accuracy

6. Intellectual Property

All content, features, and functionality of the Service, including but not limited to software, text, graphics, logos, icons, images, audio, and the underlying source code, are the exclusive property of ToadOps or its licensors and are protected by Australian and international copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial use in accordance with these Terms.

7. User Content and Detection Data

The Service collects and stores detection images, classification results, and related data captured by your ToadOps device ("Detection Data"). By using the Service, you agree that all Detection Data becomes the property of ToadOps upon capture. You grant ToadOps an irrevocable, perpetual, worldwide, royalty-free, fully transferable licence to use, reproduce, modify, distribute, display, and create derivative works from any Detection Data for any purpose, including but not limited to:

• Providing, maintaining, and improving the Service
• Training, testing, and improving detection and classification models
• Research and development, including collaboration with third-party researchers
• Marketing, promotional, and educational materials
• Sharing with conservation organisations, government agencies, or academic institutions
• Creating aggregated or anonymised datasets

Detection Data may be retained indefinitely, even after account termination. Where Detection Data includes incidental captures of people or private property, we will take reasonable steps to anonymise such content before any public use.

8. Privacy

Your use of the Service is also governed by our Privacy Policy. The Privacy Policy explains how we collect, use, and protect your personal information and is incorporated into these Terms by reference.

9. Subscriptions and Payments

Certain features of the Service may be offered on a subscription or one-time purchase basis. If applicable:

• Pricing and payment terms will be clearly presented before purchase
• Subscriptions will automatically renew unless you cancel before the renewal date
• You can manage subscriptions through your Apple App Store or Google Play Store account settings
• Refunds are handled in accordance with the policies of the applicable app store platform

10. Third-Party Services

The Service integrates with or relies on third-party services, including but not limited to cloud hosting (DigitalOcean, AWS), authentication (Supabase), email delivery (Resend), and analytics (Firebase Analytics, Google Analytics). We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services may be subject to their own terms and conditions.

11. Disclaimer of Warranties

To the maximum extent permitted by Australian Consumer Law and any other applicable legislation:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components
• We do not guarantee the accuracy of any detection, classification, or identification made by the Service
• We do not guarantee that the Service will successfully deter or eliminate any pest species

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any similar state or territory legislation that cannot be excluded, restricted, or modified by agreement.

12. Limitation of Liability

To the maximum extent permitted by law, ToadOps shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or goodwill
• Damage to property (including damage caused by the ToadOps device)
• Harm to non-target animals resulting from device operation
• Service interruptions or data loss
• Any indirect or consequential loss arising from the use of, or inability to use, the Service

Where our liability cannot be excluded, our total aggregate liability to you for all claims arising from or related to the Service is limited to the amount you have paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless ToadOps, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of the Service or ToadOps devices
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any damage or harm caused by the placement or operation of your ToadOps device

14. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, upon reasonable notice. You may terminate your account at any time through our contact form.

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

15. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via the app or by email. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ToadOps regarding your use of the Service and supersede any prior agreements.

19. Contact Us

If you have any questions about these Terms, please contact us: