Terms of Service

These Terms of Service govern your use of our website and platform, accessible at harvy.au, and any related services provided by Tereo Pty Ltd.

By using Harvy, you acknowledge the scope of our services and agree to these terms. If you do not agree with these Terms of Service, please refrain from using Harvy and any associated services.

We reserve the right to modify these Terms of Service at any time, and such modifications will be effective immediately upon posting the updated terms on this page.

Effective date: October 1 2026

1. Parties and acceptance

These Terms govern access to and use of Harvy, including harvy.au, app.harvy.au, and related onboarding, support, reporting, and professional services (Service).

The Service is provided by Tereo Pty Ltd trading as Harvy Intelligence (ABN 93 702 333 784) (Tereo, we, us, or our). The person or organisation acquiring the Service is the Customer (you or your). An individual who uses the Service through a Customer account is an Authorised User.

You accept these Terms when you sign an Order that refers to them, create an account, click to accept them, or use the Service after being given reasonable notice of them. If you accept for an organisation, you confirm that you have authority to bind it. You must not use the Service if you do not agree.

2. Contract documents and priority

An Order is an email confirmation, proposal, online checkout, or other document accepted by both parties that identifies the plan, fees, subscription period, usage allowance, or special terms.

The contract consists of the Order, these Terms, and any data-processing agreement, service-level agreement, or statement of work expressly incorporated into the Order. If they conflict, the following order applies unless the Order says otherwise:

  1. the Order;

  2. a signed data-processing agreement, service-level agreement, or statement of work; and

  3. these Terms.

Our Privacy Policy explains how we handle personal information generally. It is provided for information only and does not form part of the contract. Our binding commitments about Customer Data are set out in these Terms and any data-processing agreement incorporated into the Order.

3. The Service

Harvy assists transport operators to receive and process written work diary sheets, extract information, apply configured fatigue rules, flag possible errors or breaches, manage reviews and actions, produce reports, and provide other features described in the Order or our documentation.

During the subscription period and subject to the contract, we grant the Customer a non-exclusive, non-transferable right to allow its Authorised Users to access and use the Service for the Customer's internal business operations.

The Customer may use documentation and reports produced for it for its internal operations, audits, regulatory responses, and other lawful business purposes. The Customer must not resell, sublicense, or make the Service available to another organisation unless the Order permits this.

4. Accounts and Authorised Users

The Customer must:

  • appoint at least one account administrator;

  • give access only to personnel who need it and are authorised to act for the Customer;

  • keep account details and permissions current;

  • protect credentials and not share individual logins;

  • promptly remove access for people who leave or change roles; and

  • notify us promptly of suspected unauthorised access or security incidents.

The Customer is responsible for activity under its account except to the extent caused by our breach of the contract, negligence, or wilful misconduct. We may rely on instructions from an account administrator unless we know the person is not authorised.

5. Customer responsibilities

The Customer must:

  • have all rights, notices, consents, and lawful authority needed to submit Customer Data and instruct us to process it;

  • tell its drivers and other individuals whose personal information it submits that the information will be processed by us for the Customer, and give them a link to our Privacy Policy or an equivalent collection notice;

  • configure its organisation, users, drivers, vehicles, depots, rulesets, and custom settings accurately;

  • supply complete, legible, correctly ordered source documents;

  • review source records, extracted data, possible breaches, and reports using appropriately qualified personnel;

  • keep independent copies or exports needed to meet legal and operational record-keeping obligations;

  • maintain its own safety, fatigue-management, Chain of Responsibility, employment, investigation, and regulatory procedures; and

  • use the Service only in accordance with law and the contract.

The Customer must not upload material that is unlawful, malicious, misleading, infringes another person's rights, or is not reasonably required for the permitted use.

6. Compliance and AI limitations

Harvy is a decision-support and record-processing tool. It is not legal advice, a regulator, an auditor, an approved Electronic Work Diary, or a replacement for the Customer's legal duties unless an Order expressly states otherwise and the required approval exists.

Automated extraction, rules, and AI-assisted outputs can be incomplete or wrong. Results may be affected by handwriting, scan quality, missing pages, source errors, Customer configuration, custom fatigue rules, software limitations, and changes to law or regulatory guidance.

The Customer must not rely solely on Harvy to decide whether a driver, employee, contractor, officer, or organisation has complied with a law or policy. The Customer must review the original record and apply independent judgement before taking disciplinary, employment, safety, payment, regulatory, or legal action.

Using Harvy does not transfer or reduce the Customer's obligations as a driver, employer, operator, record keeper, executive, or other party in the Chain of Responsibility. We do not become a party in the Customer's Chain of Responsibility merely by providing the Service.

7. Customer Data

Customer Data means information, documents, images, configurations, and content submitted to the Service by or for the Customer, and outputs that specifically reproduce or derive from that material. It excludes our software, documentation, usage statistics, and de-identified information.

As between the parties, the Customer retains its rights in Customer Data. The Customer gives us and our approved service providers a limited right to host, copy, process, transmit, display, and otherwise use Customer Data only to:

  • provide, secure, support, and improve the Service;

  • follow the Customer's lawful instructions;

  • prevent or address technical, security, or legal issues; and

  • comply with law.

We will not sell Customer Data or permit a third-party model provider to train a general-purpose model on Customer Data unless this is expressly disclosed and authorised in writing.

We may generate aggregated or de-identified information and use it for analytics, benchmarking, service improvement, and business planning, provided we take reasonable steps to prevent it from identifying the Customer or an individual.

8. Privacy and security

Each party must comply with privacy law that applies to it. We will handle personal information contained in Customer Data only in accordance with sections 7, 8, 9, and 19 and any data-processing agreement incorporated into the Order.

We will maintain reasonable technical and organisational safeguards appropriate to the Service and the nature of Customer Data. The Customer acknowledges that no online service is completely secure and will meet its responsibilities under section 4.

If we become aware of unauthorised access to or disclosure of Customer Data in our control that is reasonably likely to materially affect the Customer, we will notify the Customer without undue delay, provide available relevant information, and take reasonable containment and remediation steps. This does not replace either party's statutory notification duties.

9. Service providers and third-party services

We may use service providers and subprocessors to deliver hosting, storage, authentication, communications, support, payments, analytics, monitoring, backups, and AI or document-processing functions. We remain responsible for our obligations under the contract and will impose appropriate confidentiality and security obligations on providers that process Customer Data.

The Customer may choose to connect third-party services. The Customer authorises the data exchange needed for an enabled integration. Third-party products are governed by their own terms, and we are not responsible for a third-party product outside our control. We will not materially reduce core Service functionality solely because a third-party integration changes without giving reasonable notice where practical.

10. Fees, GST, and usage

The Customer must pay the fees, taxes, and usage charges stated in the Order. Unless the Order says otherwise:

  • fees are in Australian dollars and exclude GST;

  • subscription fees are billed in advance and usage fees may be billed in arrears;

  • valid invoices are payable within 14 days;

  • the Customer must raise a genuine invoice dispute promptly and pay the undisputed amount; and

  • we may charge reasonable recovery costs for overdue amounts, to the extent permitted by law.

We may change fees for a renewal period by giving at least 30 days' notice before the change takes effect. If the Customer does not accept the change, it may cancel before renewal. We will not change the price for a fixed paid period unless the Customer agrees or the Order contains a clear usage-based mechanism.

11. Trials, renewal, and cancellation

A trial is limited to the period and usage disclosed when it starts. Unless the Customer clearly agrees to convert to a paid subscription and provides a payment method, the trial ends without charge.

The subscription period and renewal method are stated in the Order. If the Order provides for automatic renewal, either party may stop renewal by giving notice before the renewal date. Cancellation takes effect at the end of the paid period unless law or the Order gives an earlier right.

Fees already paid are not refundable for change of mind or unused time, except where the Order says otherwise or a refund or other remedy is required by law. If we end a paid subscription without cause, or the Customer ends it because of our uncured material breach, we will refund prepaid fees for the unused period.

12. Service operation and changes

We aim to make the Service available reliably but do not promise uninterrupted or error-free operation unless a service-level agreement says otherwise. Maintenance, emergencies, internet conditions, Customer systems, and third-party services can affect availability.

We may update the Service to improve it, maintain security, comply with law, or reflect technology changes. We will give reasonable advance notice of a change that materially removes paid core functionality where practical. If such a change materially disadvantages the Customer and we cannot provide a reasonable alternative, the Customer may terminate the affected Service and receive a pro-rata refund of prepaid fees for the unused period.

We may set reasonable technical and usage limits consistent with the Order. We will not materially reduce a purchased allowance during a paid period without the Customer's agreement.

13. Support and professional services

Support and onboarding are provided as stated in the Order. Response times are targets unless a signed service-level agreement says they are binding.

Any configuration advice, training, review assistance, or professional service is based on information supplied by the Customer. The Customer remains responsible for operational, employment, safety, compliance, and legal decisions.

14. Acceptable use

The Customer and Authorised Users must not:

  • access or test the Service in a way intended to defeat security or gain unauthorised access;

  • introduce malware or harmful code;

  • interfere with the Service or impose an unreasonable load;

  • scrape, copy, frame, resell, or exploit the Service except as permitted by the contract;

  • reverse engineer or attempt to derive source code except to the limited extent a law does not permit this restriction;

  • use the Service to build or benchmark a competing product for publication without our written consent;

  • use another person's account or conceal the source of access;

  • upload unlawful content or infringe privacy, confidentiality, intellectual property, or other rights; or

  • use outputs to make a wholly automated decision with a significant adverse effect on an individual without appropriate human review and a lawful basis.

15. Intellectual property and feedback

We and our licensors own the Service, software, documentation, designs, methods, models, templates, and improvements, excluding Customer Data. No intellectual property transfers except as expressly stated.

If the Customer gives feedback or suggestions, it gives us a non-exclusive, worldwide, perpetual, royalty-free right to use them without identifying the Customer or disclosing Customer Confidential Information. The Customer is not required to provide feedback.

16. Confidentiality

Confidential Information means non-public information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential. Customer Data is the Customer's Confidential Information. Confidential Information excludes information that the receiving party can show was already lawfully known, independently developed, lawfully received without restriction, or publicly available without breach.

The receiving party must use Confidential Information only to perform or receive the Service, protect it with reasonable care, and disclose it only to personnel and providers who need it and are bound by confidentiality obligations. A party may disclose information where legally required after giving notice where lawful and practical.

These confidentiality obligations continue for five years after disclosure. Obligations for trade secrets, personal information, and Customer Data continue for as long as the information remains protected by law or retains its confidential character.

17. Suspension

We may suspend affected access to the extent reasonably necessary if:

  • the Customer materially breaches these Terms and does not remedy the breach within a reasonable period after notice;

  • an undisputed amount remains overdue after notice and a reasonable opportunity to pay;

  • use creates a material security, legal, or operational risk; or

  • suspension is required by law or a competent authority.

We will give prior notice where practical, limit the suspension to the affected part, and restore access promptly when the reason is resolved. We may act immediately for an urgent security or legal risk.

18. Term and termination

These Terms start when accepted and continue while the Customer has an account or Order.

Either party may terminate an affected Order if the other party materially breaches the contract and does not remedy a remediable breach within 30 days after written notice. Either party may terminate immediately if the other becomes insolvent, subject to applicable law.

We may terminate a free Service on reasonable notice. We may terminate a paid Service without cause only as permitted by the Order or by giving at least 30 days' notice and refunding prepaid fees for the unused period.

On termination, the Customer must stop using the Service and pay accrued undisputed fees. Sections intended by their nature to continue will survive, including Customer Data rights, confidentiality, intellectual property, payment, liability, and general provisions.

19. Record retention, export, and deletion

During the subscription, we will keep work diary sheets and related records submitted to the Service available to the Customer for at least 3 years from the date of upload, unless the Customer deletes them or the Order says otherwise. The Customer remains responsible for meeting any longer retention period that applies to it.

During the subscription, the Customer may use available export functions. Before termination, the Customer should export records it must retain.

After termination, we will make Customer Data available for export for 30 days unless law, security, or the Order requires otherwise. We may charge a reasonable fee for a non-standard export if disclosed in advance.

After the export period, we may delete Customer Data from active systems. Copies may remain in backups until the ordinary backup cycle expires, and we may retain information required by law, reasonably needed for a dispute, or properly de-identified. We will not delete records subject to a known legal hold or agreed extended-retention service.

20. Warranties and Australian Consumer Law

Each party warrants that it has authority to enter the contract. We warrant that we will provide paid Services with due care and skill and substantially in accordance with the applicable documentation.

The Service may come with guarantees, warranties, or other rights that cannot lawfully be excluded, including under the Australian Consumer Law. Nothing in the contract excludes, restricts, or modifies those rights.

Subject to those rights and the express contract, we do not warrant that every output will be accurate, that every possible breach will be detected, that the Service will meet every Customer requirement, or that operation will be uninterrupted.

Where permitted by section 64A of the Australian Consumer Law, our liability for failure to comply with a consumer guarantee for services not ordinarily acquired for personal, domestic, or household use is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

21. Liability

Nothing in the contract limits liability that cannot lawfully be limited, or liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

Subject to that rule, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss of anticipated savings, except that this exclusion does not prevent recovery of fees payable, reasonable costs of restoring Customer Data, or amounts payable under an indemnity.

Subject to the first paragraph of this section, each party’s total aggregate liability arising out of or in connection with the contract, including liability for breach of confidentiality, privacy or security obligations, intellectual property infringement, and indemnities under section 22, is limited to the fees paid or payable for the affected Service during the 12 months immediately preceding the event giving rise to the first claim.

If that event occurs within the first 12 months of the affected Service, the cap is the subscription fees that would be payable for 12 months at the rate agreed in the applicable Order, plus any usage or other Service fees paid or payable before that event.

This is a single aggregate cap for all claims combined, regardless of their number or legal basis. Separate caps do not apply to individual claims or categories of liability.

The cap does not limit the Customer’s obligation to pay fees properly due under the contract.

Each party must take reasonable steps to mitigate its loss. Liability will be reduced to the extent the other party or a third party under its control caused or contributed to the loss.

22. Indemnities

The Customer indemnifies us against a third-party claim to the extent it arises from:

  • Customer Data infringing that third party's intellectual property, privacy, or confidentiality rights;

  • the Customer's unlawful use of the Service; or

  • a final employment, safety, regulatory, or compliance decision made by the Customer contrary to section 6.

We indemnify the Customer against a third-party claim that the paid Service, when used as permitted, infringes that third party's Australian intellectual property rights.

An indemnity does not apply to the extent the claim was caused by the indemnified party's breach, negligence, wilful misconduct, unauthorised modification, or failure to take reasonable mitigation steps. The indemnified party must give prompt notice, reasonable assistance, and control of the defence to the indemnifying party, while retaining the right to participate at its own cost. No settlement may admit fault or impose a non-monetary obligation on the indemnified party without its consent, not to be unreasonably withheld.

23. Force majeure

Neither party is liable for delay or failure caused by an event beyond its reasonable control, excluding payment obligations. The affected party must notify the other, take reasonable steps to reduce the effect, and resume performance promptly. If a material interruption continues for more than 30 days, either party may terminate the affected Service and we will refund prepaid fees for the unused period.

24. Changes to these Terms

We may update these Terms for legal, security, operational, or product reasons. We will give at least 30 days' notice of a material change unless urgent action is required by law or security risk.

A material change will take effect at the next renewal unless the Customer agrees earlier. If an urgent change during a paid period materially disadvantages the Customer, it may terminate the affected Service and receive a pro-rata refund for the unused period. Changes do not apply retroactively to a dispute that arose before the change.

25. General

Neither party may assign the contract without the other's consent, not to be unreasonably withheld. Either party may assign it as part of a genuine corporate restructure or sale of substantially all relevant business or assets if the assignee can perform the obligations and the assignment does not materially reduce the other party's rights. Any transfer of personal information remains subject to privacy law.

The parties are independent contractors. The contract does not create employment, partnership, agency, fiduciary, or joint-venture relationships.

We may identify the Customer as a Harvy customer, including by name and logo, in customer lists and marketing material unless the Customer tells us in writing not to. We will not publish a case study, testimonial, or quote attributed to the Customer without its prior written approval.

If a provision is unenforceable, it is read down to the minimum extent necessary or severed, and the remainder continues. A delay in exercising a right is not a waiver. The contract is the entire agreement about its subject matter and may be signed electronically.

Notices must be sent to the contact in the Order. Legal notices to us must also be sent to support@harvy.au. A notice is received when delivered, or on the next business day if received after 5 pm in Perth, Western Australia.

26. Governing law

The contract is governed by the laws of Western Australia. Each party submits to the courts of Western Australia and courts entitled to hear appeals from them. Before starting court proceedings, a party must give written notice of the dispute and senior representatives must try in good faith to resolve it for at least 15 business days. This does not prevent urgent injunctive relief or affect a right to approach a regulator or tribunal.