Terms & Conditions

1. Acceptance & Eligibility

1.1 Agreement to Terms

These Terms & Conditions (the "Terms") are a legally binding agreement between you ("you" or "User") and Incubate Pty Ltd trading as MyLuxFleet ("MyLuxFleet," "we," "us," or "our"). By accessing or using the MyLuxFleet mobile or web application (the "App") and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.2 Age Requirement

You must be at least 18 years old to create an account and use the Services. By using the Services, you represent and warrant that you meet this age requirement.

1.3 Updates to Terms

We reserve the right to modify these Terms at any time. For any material changes that impact your rights or obligations, we will provide you with reasonable notice (typically 30 days) via email or a prominent notification within the Platform before the new terms take effect. Your continued use of the Services after such changes become effective constitutes acceptance of the updated Terms. If you do not agree, you may cancel your account before the new Terms apply.

2. Our Services

2.1 Purpose of the App

MyLuxFleet provides a digital cataloging and management platform for individuals and businesses owning vehicles. The App allows you to:

• Maintain records of your vehicles, including high-resolution photos and descriptions.
• Access optional real-time GPS tracking, data analytics, and asset valuations.
• Connect with third-party service providers offering insurance, storage, concierge, or other related services.
• Interact with other Users through optional "social" features, including messaging or posting user-generated content (e.g., reviews, photos).

2.2 AI Valuations & Automated Decision-Making

The Platform utilizes Artificial Intelligence (AI) and automated data models to provide estimated asset valuations.

• Estimates Only: These valuations are generated automatically and are for informational purposes only. They do not constitute official appraisals or legal/financial advice.
• Human Review: If you require a certified valuation or disagree with the AI-generated estimate, you may request a manual review by a human expert. Please note that manual reviews are subject to a separate quoted fee.

2.3 Third-Party Services & Referrals

We may refer or link you to external third parties with your express consent (e.g., insurers, car wrapping services, storage providers). We are not responsible for their services, and any transactions you engage in with such third parties are solely between you and the third party. We may receive a commission or referral fee for making such introductions.

2.4 No Guarantee of Accuracy

Because the App relies heavily on user-generated content, we cannot and do not guarantee the accuracy, authenticity, or representation of any assets, images, or information uploaded.

2.5 Service Levels & Support

We aim to maintain a Platform uptime of 99.5%. However, scheduled maintenance or unforeseen outages may occur. Our support team is available to assist you via email from 9:00 AM to 5:00 PM (AEST/AEDT), every day, support@myluxfleet.com.

3. Account Registration & User Responsibilities

3.1 Account Creation

To use the Services, you must create an account by providing accurate, complete information (e.g., name, email, payment details). You agree to keep your account information updated.

3.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials and controlling access to your account.
• You agree to use strong passwords and enable any available security features (e.g., two-factor authentication).
• You must notify us immediately of any unauthorized access or suspected breach of your account.

3.3 User Conduct & Content

You are solely responsible for all content you upload or share via the App, including photos, descriptions, or messages. You agree not to:

1. Post content that is false, misleading, infringing, or unlawful.
2. Violate any third-party rights or post material subject to third-party intellectual property claims without authorization.
3. Engage in harassing, abusive, or defamatory behavior.

3.4 User-Generated Content Disclaimer

We do not pre-screen user-generated content and are not liable for any offensive, inaccurate, or infringing content posted by Users. We reserve the right (but have no obligation) to remove or disable any user content that violates these Terms or applicable laws.

4. Subscription, Fees & Payment

4.1 Subscription Plans

We offer various subscription tiers with different features, storage limits, and pricing. The specific details of these tiers, including current pricing and entitlements, are displayed to you on the subscription selection screen during sign-up or upgrade. By selecting a tier, you agree to the pricing and terms presented at that time.

4.2 Auto-Renewals

Your subscription will auto-renew at the end of each billing cycle unless you cancel your subscription at least 30 days prior to renewal. By default, monthly subscriptions renew monthly; yearly subscriptions renew yearly.

4.3 Cancellation & Refund Policy

• Cancellation: You may cancel your subscription at any time through your account settings or by contacting us.
• Refunds: Except as required under the Australian Consumer Law or other applicable law, we do not offer refunds for subscription fees already paid.
• Trials & Promotions: If you are on a trial or promotional pricing, additional conditions may apply (specified at sign-up).

4.4 Payment Processing

All payments are handled by our third-party payment gateway (Stripe). We do not store or process your full credit card details.

4.5 Changes to Fees

We reserve the right to change our subscription fees at any time, subject to providing you 30 days' notice prior to new fees taking effect. If you do not agree to the revised fees, you may cancel your subscription.

5. Third-Party Offers & E-commerce

5.1 Third-Party Products & Services

From time to time, we may feature products or services from external partners (e.g., insurance, storage, concierge, car wrapping). Any purchase or arrangement is strictly between you and the third-party provider. We act only as a referrer and disclaim all liability for third-party offerings.

5.2 Commissions & Benefits

We may receive benefits (e.g., commissions, referral fees) from third parties when you access or purchase their products/services via links in the App. You acknowledge that this arrangement does not constitute an endorsement or guarantee.

6. Intellectual Property & Licensing

6.1 Our IP

All intellectual property in the App (software, trademarks, logos, text, graphics, etc.) is owned by or licensed to MyLuxFleet. You have no right to use our IP except as necessary for normal use of the Services.

6.2 User Content

You retain all rights in the content (including photos, descriptions, or data) you upload. By using the Services, you grant us a non-exclusive, royalty-free license to store, display, and process your content as needed to operate the App and provide the Services.

7. Privacy & Data Protection

7.1 Data We Collect

We collect personal information such as your name, address, email, payment details, and any user-generated content you upload. We do not collect special categories of data (e.g., government ID, sensitive biometric data) unless required by law or provided voluntarily by you.

7.2 Data Residency & International Transfers

• We store data on servers, which may be located in Australia or internationally.
• For EU/Swiss users, we implement GDPR-compliant mechanisms, including possible Data Processing Agreements, to ensure lawful cross-border transfers.

8. Liability & Disclaimers

8.1 No Absolute Security Guarantee

While we take reasonable precautions to protect user data, we cannot guarantee absolute security. We disclaim liability for unauthorized access or hacking by third parties unless caused by our gross negligence or willful misconduct.

8.2 No Warranty on Accuracy or Fitness

• We provide the Services on an "as is" and "as available" basis.
• Any asset valuations, analytics, or information are informational only and not official advice or appraisal.
• Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified. To the extent permitted by law, our liability for a breach of any non-excludable guarantee is limited to the supply of the Services again or the payment of the cost of having the Services supplied again.

9. Suspension & Termination

9.1 Termination by User

You may terminate your subscription at any time by cancelling within the App or contacting our support. No refunds will be issued except as required by law.

9.2 Termination by MyLuxFleet

We may suspend or terminate your account for:

1. Breach of these Terms and failure to remedy within 10 days of notice.
2. Violations of law, or suspected fraudulent or abusive behavior.
3. Non-payment of subscription fees.

10. Dispute Resolution

10.1 Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for any legal proceedings relating to these Terms.

11. Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at:
Email: cliff@myluxfleet.com
Address: 1/959 Glen Huntly Road, Caulfield South, Melbourne, Victoria, Australia

12. Acceptance

By creating an account, subscribing, or otherwise using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them. If you do not agree, you must immediately discontinue use of the Services.