Terms of Service

1. About these Terms

These Terms of Service are a contract between Traswen Pty Ltd (ABN 79 639 057 364), trading as GigGoblin where permitted (GigGoblin, we, us or our), and the person or organisation that creates, pays for or uses a GigGoblin account (Customer, you or your).

Our registered business contact address is 10 / 27 King St, Bayswater VIC 3153, Australia. You can contact us at contact@traswen.com.

By creating an account, accepting an invitation, starting a subscription or using the service, you agree to these Terms. If you use GigGoblin for an organisation, you confirm that you are authorised to bind that organisation.

2. Business service and eligibility

GigGoblin is a business software service for audiovisual, production, rental and related operators. It helps Customers manage company workspaces, users, jobs, equipment, availability, suppliers, hire activity, invoices and business records.

You must be at least 18 years old and legally capable of entering a contract. The service is not intended for personal, family or household use.

You must provide accurate account and billing information and keep it current.

3. Accounts and company workspaces

You are responsible for activity performed through your account, except to the extent caused by our breach of these Terms or failure to use reasonable care.

You must keep sign-in credentials confidential, use reasonable account security and tell us promptly if you suspect unauthorised access.

A workspace owner or administrator may invite users, assign permissions, remove access, configure the workspace and access information created by workspace users. Each Customer is responsible for choosing appropriate administrators and permissions.

You must not share an individual account between people or use another person's account.

4. Trials, subscriptions and fees

Where offered, a trial starts when the Customer creates its first eligible company workspace. The trial length, included packages and any restrictions are shown during signup or company setup.

No payment card is required to begin the currently advertised trial. A paid subscription begins only when an authorised workspace representative completes the checkout process.

At the end of an unpaid trial, the workspace may become read-only. Existing information may remain visible while creating and changing operational records is paused. The Customer can restore eligible access by starting a paid subscription.

Paid subscriptions renew for the billing interval selected at checkout until cancelled. Current prices, billing frequency, included packages, GST treatment and the next charge are displayed before payment is authorised.

Stripe processes subscription payments and provides the applicable receipt or tax invoice. You authorise us and Stripe to charge the selected payment method for recurring fees and approved prorated changes.

Package removals and subscription cancellation normally take effect at the end of the current paid billing period unless we state otherwise or applicable law requires another outcome. Fees already paid are not refundable merely because the Customer stops using the service. This does not limit rights or remedies that cannot lawfully be excluded.

Contact contact@traswen.com if you need to cancel an entire subscription or cannot use the available billing controls.

5. Customer Data

Customer Data means information, files and records submitted to or created in a Customer workspace, including client, crew, supplier, equipment, job, financial and invoice information.

As between the parties, the Customer retains its rights in Customer Data. The Customer gives us a non-exclusive, worldwide licence to host, copy, transmit, back up, display and otherwise process Customer Data only as reasonably necessary to provide, secure, support and improve the service, comply with law, and enforce these Terms.

The Customer is responsible for the accuracy, quality and legality of Customer Data and for having all permissions, notices and consents needed to collect and use it through GigGoblin.

We do not acquire ownership of Customer Data by providing the service.

6. Privacy

Our Privacy Policy explains how we handle personal information for our own business operations and while providing GigGoblin.

Where a Customer enters personal information about its clients, workers, suppliers or other people, the Customer determines why that information is entered and who may access it. We process that information to provide the service and follow the Customer's authorised instructions, subject to law.

7. Acceptable use

You must not use GigGoblin to:

• break any law or infringe another person's rights;
• upload malicious code or content intended to damage or disrupt systems;
• gain or attempt to gain unauthorised access to an account, workspace, system or data;
• probe, scan or test security without our written permission;
• send spam, harassment, threats or unlawful material;
• process highly sensitive information where the service has not been expressly approved for that use;
• resell, lease or provide the service to third parties except as expressly permitted; or
• reverse engineer or copy the service except to the extent that applicable law does not allow that restriction.

Reasonable automated use of documented product features is permitted. Scraping, abusive traffic and attempts to bypass usage or access controls are not.

8. Third-party services

GigGoblin depends on reputable third-party providers for infrastructure, authentication, payments, email and related functions. These currently include Supabase, Stripe and Resend, together with our hosting and backup providers.

Third-party services may experience outages or change their products. We remain responsible for our obligations under these Terms, but we are not responsible for a third-party service failure to the extent it is outside our reasonable control and we have taken reasonable steps to select, configure and respond to that provider.

Links or integrations with services chosen by the Customer may be subject to separate third-party terms.

9. Service changes, availability and support

We may improve, change or discontinue features as the service develops. We will give reasonable notice of a material reduction to paid core functionality where practicable.

Unless a separate written service-level agreement says otherwise, we do not promise uninterrupted or error-free availability. We will provide the service with due care and skill and use reasonable efforts to maintain security, reliability and recoverability.

Support is available through the contact details shown in the service. Response times are targets unless expressly agreed as a service level in writing.

10. Backups, exports and retention

We maintain operational backup processes, but the Customer should keep exports or independent copies of records that are critical to its business where the service provides that capability.

After a trial or subscription ends, access may be restricted or read-only. We may retain Customer Data for a reasonable period to allow reactivation, meet legal and accounting obligations, resolve disputes and maintain secure backup cycles.

We may delete Customer Data after reasonable notice once it is no longer required for those purposes. Contact us before ending the service if you need assistance exporting available data.

11. Confidentiality

Each party must protect the other party's non-public business, technical and commercial information using reasonable care and use it only for the purposes of the relationship.

This obligation does not apply to information that is public through no breach, was already lawfully known, is independently developed, or is lawfully obtained from another source. A party may disclose confidential information when legally required, after giving notice where lawful and practicable.

12. Our intellectual property

We and our licensors own GigGoblin, including its software, branding, designs, documentation and service improvements.

During an active trial or subscription, we grant authorised users a limited, non-exclusive, non-transferable right to access and use the service for the Customer's internal business operations in accordance with these Terms.

If you provide feedback, you permit us to use it without restriction or payment, provided we do not identify you publicly without permission.

13. Suspension and termination

We may suspend access where reasonably necessary to address a security risk, unlawful use, material breach, unpaid fees or harm to the service or another person. Where practicable, we will explain the reason and give the Customer an opportunity to remedy it.

Either party may terminate these Terms if the other party commits a material breach and does not remedy it within a reasonable period after notice, or immediately where the breach cannot be remedied.

The Customer may stop using the service at any time, but stopping use does not itself cancel an active subscription.

Provisions that by their nature should continue after termination remain in effect, including payment obligations, confidentiality, intellectual property, liability, disputes and retained acceptance records.

14. Consumer guarantees and warranties

Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

Subject to those non-excludable rights, the service is provided on an as-available basis. We do not warrant that every feature will suit every workflow, that Customer Data is error-free, or that use of the service alone will satisfy the Customer's legal, accounting, safety or record-keeping obligations.

The Customer must independently review operational decisions, equipment availability, pricing, invoices and other important outputs before relying on them.

15. Liability

To the extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of opportunity or loss of anticipated savings, except to the extent such loss was reasonably foreseeable and cannot lawfully be excluded.

To the extent permitted by law, our aggregate liability arising out of or in connection with the service during any 12-month period is limited to the greater of:

• the fees paid or payable by the affected Customer for the service during that period; and
• AUD 500.

Where a statutory guarantee applies to services that are not ordinarily acquired for personal, domestic or household use, our liability may, where the law permits, be limited to supplying the affected services again or paying the reasonable cost of having them supplied again.

These limitations do not apply to fraud, wilful misconduct, liability that cannot lawfully be limited, or a party's infringement of the other party's intellectual property rights.

16. Customer responsibility and indemnity

The Customer is responsible for claims by a third party to the extent caused by the Customer's unlawful Customer Data, infringement of third-party rights, or material breach of the acceptable-use obligations.

The Customer indemnifies us against reasonable, finally determined losses arising from such a claim, but only to the extent caused by the Customer. We must promptly notify the Customer, allow reasonable control of the defence and settlement, and mitigate loss. The Customer is not required to settle a claim on terms that admit fault by us or impose non-monetary obligations on us without our consent.

17. Changes to these Terms

Each published version identifies its version number, release date, effective date and change summary.

We may publish minor or patch updates that clarify wording, document features or correct errors without requiring a new acceptance where they do not materially reduce Customer rights or increase Customer obligations.

We will require acceptance of a release marked as requiring acceptance before further use of authenticated parts of the service. If a Customer does not agree, it may sign out and contact us to discuss ending the service and accessing available data.

18. General

These Terms, the Privacy Policy and any written order or special terms agreed by the parties form the agreement about the service. If written special terms conflict with these Terms, the special terms prevail to the extent of the conflict.

You may not assign this agreement without our consent, which will not be unreasonably withheld. We may assign it as part of a genuine corporate restructure, financing or sale of the relevant business, provided this does not materially reduce your rights.

Neither party is liable for delay caused by events beyond its reasonable control, provided it takes reasonable steps to minimise the effect.

If part of these Terms is unenforceable, the remaining parts continue. A failure to enforce a right is not a waiver.

These Terms are governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria and courts entitled to hear appeals from them, subject to any mandatory right to bring a claim elsewhere.

Before commencing court proceedings, each party should give the other written notice of the dispute and attempt in good faith to resolve it, except where urgent relief is required.

19. Contact

Questions about these Terms can be sent to contact@traswen.com.