Terms & Conditions

These Terms & Conditions (Terms) govern your use of the Burgy platform, applications, and related services (the Services) operated by Burgy (we, us, our). By signing up, accessing, or using the Services, you agree to be bound by these Terms. If you don't agree, don't use the Services.

These Terms are governed by the laws of Queensland, Australia, and you and we submit to the exclusive jurisdiction of the courts of Queensland.

1. Definitions

• Account: a registered company workspace on Burgy.
• Admin: an individual with administrative access to an Account.
• Customer, you: the company that holds the Account.
• Worker, End User: an individual added by an Admin to the Account.
• Customer Data: all data, content, files and information uploaded, generated, or otherwise made available within the Account by you or your Workers.
• Safety Content: any safety document, template, library item, hazard, control, task, prestart checklist, permit, or related content (whether default-supplied by us or created/edited by you within the Services).
• Setup Services: optional one-time onboarding services we provide to configure your Account.
• Support Services: optional ongoing monthly services.
• WHS Laws: the Work Health and Safety Act 2011 (Cth), equivalent state and territory legislation, and any other applicable workplace health, safety, environmental, biosecurity, or transport laws.
• PCBU: a Person Conducting a Business or Undertaking, as defined under WHS Laws.

2. The Services

Burgy is a software-as-a-service platform that helps trade businesses create, manage, sign and store safety documents, manage their fleet, track worker hours and licences, and run related operational workflows.

Burgy is a tool. We provide functionality. We do not provide safety advice, legal advice, compliance certifications, or any other professional services through the Services. Setup Services and Support Services are administrative onboarding and platform-management services, not safety consulting.

We may add, remove, modify or improve features at any time. We'll do our best to give reasonable notice of material changes that adversely affect your use.

3. Your Account

• You must be at least 18 years old and have authority to bind your business to enter into these Terms.
• You are responsible for maintaining the confidentiality of login credentials and all activity that occurs under your Account.
• Admins are responsible for the actions of every Worker they add to the Account.
• You must promptly notify us of any unauthorised access or security incident affecting your Account.

4. Plans, Trial & Payment

• Prices: our current prices are shown to you before you enter your payment details, and in the Billing section of your Account. All fees are in Australian dollars and exclusive of GST unless stated otherwise; GST is added where it applies.
• What you are charged for: each person with a login in your Account (including read-only users), and each active machine or vehicle in your Account. Attachments are not charged. People waiting for an Admin to approve their request to join are not charged until they are approved.
• Monthly plan: charged in arrears at the end of each billing month, on the highest number of people and machines in your Account at any point during that billing month. A person or machine added part-way through a month is charged for the full month. The minimum charge is one person per month.
• Annual plan: you pay upfront for a set number of seats for people and machines for 12 months. You can add seats at any time; added seats are charged straight away (or when your trial ends, if you are still in it), pro-rata to your renewal date. Seats can only be reduced at renewal. People or machines above your seat count are charged monthly as extras, on the same basis as the monthly plan.
• Free trial: new Accounts get one 14-day free trial per company. A payment method is required to start the trial. Unless you cancel before the trial ends, your chosen plan starts automatically when the trial ends. Annual seats are charged when the trial ends; monthly plans are charged at the end of each billing month for that month.
• Automatic renewal: your Subscription renews automatically at the end of each billing period (monthly or annual) until you cancel. An Admin can cancel at any time from Billing in the Burgy web app, or by emailing us. Cancellation takes effect at the end of your current billing period: on a monthly plan, that last month is still invoiced; on an annual plan, you keep your seats until the end of the year you have paid for.
• Payment: you authorise us (through our payment provider, Stripe) to charge the payment method on file for all amounts due. If a payment fails we will retry it and let you know. If payment is still not made after the retries, we may suspend access to the Services until it is. Your Customer Data is not deleted because of a failed payment.
• Setup and Support Services: where you accept a written quote for setup or support services, that quote applies. Unless the quote says otherwise, setup services require a 50% deposit before work starts with the balance payable on go-live, and support services are charged monthly in advance from go-live.

4A. Price Changes

• We may change our Subscription prices from time to time. If we do, we will email the Admins on your Account at least 30 days before the change takes effect.
• A price change applies from your first billing period that starts after the notice period ends. If you are on an annual plan, the price of your annual seats will not change until your next renewal; monthly extras above your seats follow the notice period like a monthly plan.
• If you do not want to accept a price change, you can cancel your Subscription before the change takes effect, with no cancellation fee, and keep access until the end of your current billing period.
• If the rate of GST or any other tax changes, we may pass that change on from the date it takes effect under the law.

5. Customer Data & Ownership

• Your data is yours. You retain all ownership and intellectual property rights in Customer Data.
• You grant us a limited, non-exclusive, royalty-free licence to host, process, transmit, and display Customer Data solely to operate, maintain, secure, support, and improve the Services for you.
• You can export your data at any time using the in-app export tools.
• On termination, we will retain Customer Data for at least 30 days during which you may export it. After that, we may delete Customer Data, except where retention is required for legal, regulatory, audit, or backup purposes.
• You are responsible for the accuracy, legality, and quality of Customer Data, and for obtaining all necessary consents from your Workers and other individuals before uploading personal information into the Services.

6. Use of Anonymised & Aggregated Data

You agree that we may collect, generate, and use de-identified, anonymised, and/or aggregated data derived from your use of the Services to:

• Operate, maintain, and improve the Services.
• Develop new features, including AI-assisted features and intelligent suggestions.
• Train, test, validate, and improve our software, machine-learning models, and analytics.
• Produce industry benchmarks, reports, and research insights.

De-identified and aggregated data does not personally identify you, your Workers, or your customers and is not Customer Data once it has been de-identified. We will not sell raw Customer Data to third parties.

7. Acceptable Use

You and your Workers must not use the Services for unlawful purposes, upload malware, attempt to compromise the security of the Services, infringe a third party's rights, resell or sublicense the Services without consent, submit objectionable content, or misrepresent any compliance record created within the Services.

8. Safety Content & WHS Disclaimer

This is the most important section. Read it carefully.

Burgy supplies a default safety library and tools that help you produce SWMS, JSAs, Take 5s, toolbox meetings, prestart checklists, vehicle access permits, hot work permits, weed & seed declarations, and other safety records (Safety Content).

You are the PCBU. Under WHS Laws, the duty of care for the health and safety of your workers and others affected by your work activities sits with you (and any other PCBUs in your supply chain). That duty cannot be transferred or contracted out, including to us. Burgy is not a PCBU in respect of your workers and we are not responsible for, and do not undertake, your WHS, biosecurity, transport, or any other regulatory compliance.

Use of any Safety Content is at your own risk. To the maximum extent permitted by law, we exclude all liability arising out of or in connection with:

• The accuracy, completeness, suitability, or fitness for purpose of any default safety library item, template, suggestion, or AI-generated content provided through the Services.
• Any safety incident, injury, illness, death, property damage, environmental harm, or regulatory breach that occurs at your workplace, on your jobs, or in the course of your operations.
• Any failure by you, your Workers, your contractors, or any third party to comply with WHS Laws, your own safety management system, the controls listed on a safety document, or any other obligation under law.
• Any reliance you place on the Services in lieu of obtaining independent safety advice, professional certification, regulatory approval, or risk assessment from a qualified safety professional.

It is your responsibility to assess whether any default Safety Content is appropriate for your specific business, trade, site, work activity, and risk profile, and to amend or replace it as needed; to ensure all Safety Content used at your workplace is reviewed, signed off, and amended as required by WHS Laws and the conditions of each individual job; to conduct your own gap analysis, risk assessments, consultation with workers, and toolbox briefings, and to obtain independent professional safety advice where required; to maintain your own safety management system, WHS records, and incident response procedures; and to verify worker licences, competencies, and authorisations for the work being performed.

The Services are an administrative tool to help record, manage and audit safety activity. They are not a substitute for a safety management system, professional advice, or your own active risk assessment.

9. Service Availability

The Services are provided on an "as is" and "as available" basis. We do not warrant uninterrupted or error-free operation. Specific service level commitments only apply where explicitly agreed in a written enterprise agreement.

10. Sub-processors

We use trusted third-party providers to operate the Services. By using Burgy you acknowledge and consent to the use of, at a minimum: Supabase (database, authentication, storage); Vercel (web hosting); Resend (transactional email); Sentry (error monitoring); Microsoft Clarity or equivalent (anonymised usage analytics, where enabled); Xero (only when you connect a Xero organisation); Google Cloud / Anthropic / OpenAI or equivalent (only when you use AI features). An up-to-date list is available on request.

11. Intellectual Property

The Services, including all software, designs, branding, default Safety Content libraries, and documentation, are owned by us or our licensors. You receive a non-exclusive, non-transferable right to use the Services during the term of your Subscription. Customer Data remains yours. Any feedback you provide may be used by us without restriction.

12. Confidentiality

Both parties agree to keep confidential any non-public information shared during the relationship and to only use it for the purposes of the Services. This obligation continues after termination.

13. Limitation of Liability

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, special, consequential, or punitive damages, loss of profit, loss of revenue, loss of goodwill, loss of data, or loss of business opportunity.
• Our total aggregate liability arising out of or in connection with these Terms or the Services in any 12-month period is capped at the total fees actually paid by you to us during that period, or AUD $1,000, whichever is greater.
• Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the Australian Consumer Law or any other law.

14. Indemnity

You agree to indemnify, defend, and hold us (and our officers, employees, contractors and affiliates) harmless from and against any claim, loss, damage, fine, penalty, cost, or expense arising out of or in connection with your or your Workers' breach of these Terms; your or your Workers' breach of WHS Laws or any other applicable law; any safety incident, injury, illness, death, property damage, or environmental or regulatory breach occurring at your workplace; any third-party claim that Customer Data infringes intellectual property, privacy, or other rights; and your failure to obtain necessary consents from your Workers.

15. Suspension & Termination

You may cancel your Subscription at any time; cancellation takes effect at the end of your current billing period. Pre-paid fees are not refundable except where required by law, including the Australian Consumer Law. We may suspend or terminate your Account immediately if you breach these Terms, engage in unlawful activity, or pose a security or safety risk. On termination, your right to use the Services ceases. Customer Data is available for export for at least 30 days, on request to burgy.app@gmail.com if you can no longer access the Services.

16. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms by reference.

17. Changes to These Terms

We may update these Terms from time to time. The latest version is always available on our website. If a change is material and adversely affects you, we will email the Admins on your Account at least 30 days before it takes effect, and you may cancel your Subscription before then without a cancellation fee. Price changes are covered by clause 4A.

18. General

These Terms (with the Privacy Policy and any accepted quote) form the entire agreement. If any provision is unenforceable, the rest remain in force. You may not assign these Terms without our written consent. Notices to us go to burgy.app@gmail.com; notices to you go to the email associated with your Account. Nothing in these Terms creates an employment, partnership, or agency relationship. Neither party is liable for delays caused by events outside their reasonable control.

19. Contact

For any questions about these Terms: Burgy · Email: burgy.app@gmail.com · Web: burgy.com.au