Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and PreStartGo (Aust) Pty Ltd (ABN 50 685 228 497) ("PreStartGo", "we", "our", "us"), an Australian registered company with operations in Australia, New Zealand, Canada, and the United States.

By accessing or using the PreStartGo platform — including the website at prestartgo.com, web portal at admin.prestartgo.com, mobile application, and hardware interlock devices (collectively, the "Platform") — you agree to be bound by these Terms. 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

PreStartGo provides an industrial equipment compliance platform that enforces mandatory pre-start inspections through a combination of a hardware interlock device (the Interlock), an offline-first mobile application, and a cloud-based management portal. The Platform physically prevents equipment from starting until a valid pre-start inspection has been completed and passed.

3. Account Registration and Access

Access to the Platform is by invitation only. All users join via invitation from an organisation administrator. You are responsible for:

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

PreStartGo reserves the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

4. Subscription Plans and Payment

Subscription plans

Users are unlimited on every plan, including the free plan.

• Plant Operator: a free plan — no credit card and no trial period. Unlimited users, and a limited number of active machines, counting both those you own and those hired in to you. The console shows your current limit and tells you when you reach it. Full compliance audit trail and public digital logbook included.
• Contractor: a paid plan that removes the machine limit; otherwise the same feature set as Plant Operator. 99.5% uptime SLA.
• Builder: a paid plan adding unlimited project sites and unlimited kiosks, site inductions, walk-up check-in, contractor management and observations. 99.5% uptime SLA.
• Hire: a paid plan providing a hire register maintained separately from the other three plans, with operating agreements, per-machine assignments and handover, and depot locations. The Hire plan cannot be changed to or from another plan. 99.5% uptime SLA.

Device subscriptions

Each device fitted to a machine carries its own monthly subscription, charged from the time the device is commissioned until it is released, on every plan including the free one. Device subscriptions are charged to the organisation that owns the device, not to an organisation operating a hired-in machine. GoTags are passive tags and are never charged a recurring fee. There is no cap on the number of devices on any plan.

Fees

Fees for paid plans, device subscriptions, add-ons and hardware are those quoted in your order or, where there is no order, those in effect at the time of purchase. All fees are in Australian dollars and exclude GST, which is added to your invoice as required by law.

Payment options, contract term and add-ons

A paid plan may be taken without a contract, billed monthly in advance at the full price, or prepaid annually at a discount. You may switch between monthly and annual prepay at any time.

Alternatively, a paid plan may be provided under a signed contract of one, two or three years, attracting a discount that increases with the length of the term, applied to the recurring subscription — platform fee, device subscriptions and add-ons. A contracted plan is billed monthly in advance. The annual-prepay discount and the contract-term discount do not combine, and cannot apply to the same subscription. Hardware is purchased outright and is not discounted under this clause. The applicable discounts are those set out in your order.

Optional add-ons are available on any paid plan and are charged in addition to it: scheduled reports, SMS notifications (which also carry per-message charges), AI assistant, integrations, developer platform, SSO and data residency, and premium support. Fleet operations, which adds service management, document management, spot checks and observations to the Hire plan, is charged per active machine per month.

Billing

Paid subscriptions are billed monthly in advance, or annually in advance where annual prepay has been selected. Where a contract term applies, monthly billing continues for the duration of that term. Payments are processed by Stripe.

Overdue payments

If payment is overdue, your account will transition to a restricted state with read-only access to compliance data. If payment remains overdue for more than 30 days, we may suspend API access and platform functionality. We will provide at least 14 days written notice before any suspension.

5. Hardware Products

Purchase and ownership

Hardware is sold outright and becomes the property of the purchaser upon delivery: the Interlock (model PSG-SIM-2285), the Tracker, and GoTags. Prices are those quoted in your order or in effect at the time of purchase. Each device carries a 12-month warranty from the date of purchase. Hardware is purchased separately from any device subscription; the subscription is a service charge and does not confer ownership.

Installation

Hardware must be installed by a qualified and licensed auto electrician in accordance with the installation guide provided by PreStartGo and all applicable electrical standards in your jurisdiction. PreStartGo is not liable for damage to equipment, injury, or compliance failures resulting from improper installation, unauthorised modification, or failure to follow the installation guide.

Warranty

Hardware devices are warranted against defects in materials and workmanship for a period of twelve (12) months from the date of delivery. This warranty does not cover damage caused by misuse, unauthorised modification, improper installation, or normal wear and tear. Warranty claims are fulfilled by device replacement (swap-out). This warranty is in addition to, and does not limit, any rights you may have under the Australian Consumer Law or equivalent consumer protection legislation in your jurisdiction.

6. Fail-Start Design — Important Notice

PreStartGo hardware uses a Fail-Start design. On power loss, hardware fault, or system error, the relay defaults to closed — meaning the equipment can start. This design decision ensures that operators are never stranded in the field due to device failure.

The Interlock is a compliance enforcement tool, not a safety-rated isolation device. Interlocks are designed to enforce pre-start inspection compliance when operational, and to never prevent equipment from starting when the device is not operational. PreStartGo does not replace the obligation of employers and operators to maintain safe work practices, conduct proper risk assessments, and comply with all applicable workplace health and safety laws.

7. Data Ownership and Intellectual Property

Your data

You retain ownership of all data you or your users submit to the Platform, including inspection records, defect reports, photographs, equipment information, and service records ("Customer Data"). You grant PreStartGo a limited, non-exclusive licence to use Customer Data solely to provide, maintain, and improve the Platform.

Our intellectual property

The Platform, including all software, firmware, hardware designs, documentation, trademarks, and other materials, is the intellectual property of PreStartGo (Aust) Pty Ltd. Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Platform in accordance with these Terms and your subscription plan.

Data export

You may export your Customer Data at any time during your subscription via the Platform's reporting and export features. On subscription termination, data remains available for export for ninety (90) days.

8. Acceptable Use

You agree not to:

• Attempt to bypass, tamper with, reverse-engineer, or disassemble the hardware interlock devices or their firmware
• Use the Platform in violation of applicable workplace health and safety laws or regulations
• Share account credentials or allow unauthorised third parties to access the Platform
• Interfere with, disrupt, or attempt to compromise the operation, security, or integrity of the Platform or its infrastructure
• Use the Platform to store or transmit malicious code, or to conduct any form of cyber attack
• Attempt to access data belonging to another organisation on the Platform
• Resell, sublicense, or redistribute access to the Platform without prior written consent from PreStartGo

9. Service Availability

We target the following uptime levels for the cloud platform and web portal (measured monthly, excluding scheduled maintenance):

• Any paid plan: 99.5% uptime
• With the premium support add-on: 99.9% uptime with 4-hour critical response time

The mobile app and hardware interlocks are designed to operate independently of cloud connectivity. Offline inspections, BLE unlock commands, and defect logging function without an internet connection and sync when connectivity returns. Uptime commitments refer to the cloud platform and web portal only.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• PreStartGo's total aggregate liability arising out of or in connection with these Terms shall not exceed the total fees paid by you to PreStartGo in the twelve (12) months preceding the claim.
• PreStartGo shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunity, regardless of the cause of action.
• PreStartGo is not liable for workplace incidents, equipment damage, personal injury, environmental damage, or regulatory penalties arising from the use, misuse, or inability to use the Platform.
• PreStartGo is not liable for any failure of the hardware interlock devices due to power loss, hardware fault, improper installation, or unauthorised modification.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law, the New Zealand Consumer Guarantees Act 1993, or equivalent consumer protection laws in Canada or the United States.

11. Indemnification

You agree to indemnify and hold harmless PreStartGo, 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 connection with: (a) your use or misuse of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) improper installation, modification, or maintenance of hardware devices.

12. Termination

• By you: You may cancel your subscription at any time from the web portal or by contacting us. Your account will remain active until the end of the current billing period.
• By us: We may suspend or terminate your account immediately if you materially breach these Terms, engage in fraudulent activity, or fail to pay fees that remain overdue for more than 30 days. We will provide written notice of termination except where immediate action is required to protect the Platform or other customers.
• Effect of termination: On termination, your access to the Platform will cease. Customer Data will be available for export for ninety (90) days following termination. After this period, data will be deleted except where retention is required by law.
• Survival: Sections 6 (Fail-Start Design), 7 (IP), 10 (Limitation of Liability), 11 (Indemnification), and 13 (Governing Law) survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising out of or in connection with these Terms.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of at least thirty (30) days. Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief.

For customers located in jurisdictions where mandatory consumer protection laws apply (including the Australian Consumer Law, New Zealand Consumer Guarantees Act, Canadian consumer protection legislation, and applicable US state consumer protection laws), nothing in these Terms limits your rights under those laws.

14. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and PreStartGo. Negotiated customers may have additional terms in a separate written agreement, which prevail to the extent of any inconsistency.
• Amendments: We may amend these Terms by publishing updated Terms on our website and providing notice to account administrators. Material changes take effect 30 days after notice. Continued use of the Platform constitutes acceptance.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition, or sale of all or substantially all of our assets.
• Waiver: A failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Force majeure: Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, war, government actions, pandemics, or failures of third-party infrastructure providers.

15. Contact Us

For questions about these Terms, contact us:

• Entity: PreStartGo (Aust) Pty Ltd
• ABN: 50 685 228 497
• Email: sales@prestartgo.com