Terms and privacy.

Terms of Service

These Terms of Service apply when you access, subscribe to or use nimbl.. By creating an account, subscribing to a plan or using the Service, you agree to these Terms.

1. About nimbl.

nimbl. provides software and automation tools designed to help hospitality businesses manage customer enquiries, prepare responses and invoices, and streamline operational workflows.

In these Terms, “nimbl.”, “we”, “us” and “our” refer to nimbl.. “You” and “your” refer to the business or person subscribing to or using the Service.

2. Using nimbl.

You may use nimbl. for your legitimate business purposes in accordance with these Terms.

You are responsible for:

• Keeping your account details and login credentials secure
• Ensuring authorised users use your account appropriately
• Providing accurate and current business information
• Maintaining accurate menus, products, prices and availability
• Maintaining accurate delivery, minimum order and operational rules
• Providing accurate dietary, allergen and product information
• Reviewing and updating your business settings when they change

You are also responsible for ensuring that you have the right, authority and any required notices or consents to provide business, employee and customer information tonimbl. and to any connected services you choose to use.

3. Acceptable use

You must not misuse the Service or use it in a way that could harm nimbl., another person, another business or a third-party service.

You must not:

• Use the Service for unlawful, fraudulent, deceptive, abusive or harmful activity
• Upload, transmit or introduce malicious code, malware or content designed to disrupt the Service
• Attempt to gain unauthorised access to the Service, another account, connected systems or underlying infrastructure
• Interfere with, overload, probe or bypass security or access controls
• Reverse engineer, scrape, copy or extract the Service except where permitted by law
• Use the Service to send spam or communications you are not authorised to send
• Provide personal information or other data that you do not have authority to use or disclose

4. Automated and AI-assisted features

nimbl. uses automated and AI-assisted technology to help process enquiries, interpret customer requests, recommend products or services, prepare invoices and communications, and assist with operational workflows.

Automated outputs may occasionally contain errors, omissions or unexpected results.

We continually work to improve the Service, but we do not guarantee that every automated output will be completely accurate or appropriate in every circumstance.

You are responsible for ensuring that the information and instructions provided to nimbl. — including menus, pricing, availability, dietary information, delivery rules, minimum order requirements and other operating settings — are accurate and kept up to date.

You remain responsible for your products and services, pricing, fulfilment, customer commitments, dietary and allergen obligations, and other decisions relating to the operation of your business.

5. Customer enquiries and sales

nimbl. is designed to help businesses respond faster and streamline customer enquiries, but we do not guarantee that an enquiry will result in a sale, booking, order or payment.

Customer purchasing decisions remain outside our control.

We do not guarantee any particular level of revenue, sales growth, conversion rate or commercial outcome from using nimbl..

You remain responsible for confirming material business actions where confirmation is important to your business, including whether an invoice, payment, booking, order, email, calendar event or other customer communication has actually been created, sent, received or completed successfully.

6. Third-party integrations

nimbl. may connect with third-party services including payment, invoicing, email, calendar, accounting, hosting and other business platforms.

These may include services such as Square, Stripe, Google and other providers.

Third-party services are operated independently and are subject to their own terms, privacy policies, availability and technical limitations.

We are not responsible for outages, errors, changes, restrictions or failures caused by third-party services.

If a third-party service changes or removes an integration, we may need to modify, suspend or discontinue the affected nimbl. functionality.

7. Plans

nimbl. may offer Free, Starter, Growth and other plans from time to time.

The features, usage allowances, prices and billing terms that apply to each plan will be shown when you select or subscribe to that plan.

The current plan structure may include:

• Free — access to selected nimbl. features without a subscription fee
• Starter — a paid plan with 25 included executions per calendar month, unless a different allowance is displayed when you subscribe
• Growth — a paid plan with 250 included executions per calendar month, unless a different allowance is displayed when you subscribe

We may change plan names, features, usage allowances or pricing from time to time in accordance with these Terms.

8. Free plan

The Free plan may be used without a subscription fee or payment method unless otherwise stated.

The Free plan may include limited functionality compared with paid plans and may exclude features such as automated invoice generation, automated calendar generation, payment integrations or other paid automation features.

Free plan features may change from time to time. You may upgrade from Free to a paid plan at any time, subject to the plans then available.

9. Paid subscriptions, billing and executions

Starter, Growth and other paid plans require a paid subscription. Your subscription price and billing interval will be shown before you subscribe.

Unless otherwise stated, paid subscriptions are billed weekly, while included execution allowances are measured and reset monthly. Your weekly billing cycle and monthly usage cycle are separate and may start or reset on different dates.

Unless otherwise stated, subscription fees:

• Are charged in advance
• Renew automatically at the billing interval you selected until cancelled or changed
• Are charged to the payment method associated with your account
• Are exclusive of GST where applicable

Payments are processed by our payment provider, which may include Stripe. We do not store your complete payment card details.

By selecting a paid plan, you authorise us and our payment provider to charge the payment method associated with your account for applicable subscription fees and any other charges expressly described under your plan, including authorised usage-based charges.

10. What counts as an execution

Unless otherwise stated, one execution means one successful automated action of one of the following types:

• One successful invoice generation
• One successful calendar generation

The following do not normally count as executions:

• Form submissions by themselves
• Customer enquiries that require manual review
• Emails sent without an invoice or calendar generation
• Failed invoice or calendar attempts
• Duplicate retries of the same successful action where we identify the retry as a duplicate

Usage allowances reset each calendar month according to the timezone configured for your organisation, unless a different reset period is stated for your plan.

Your dashboard or account may display usage information for convenience. If there is a discrepancy, our backend usage records will be used to determine chargeable executions, subject to correction of any clear error.

11. Starter usage

Starter includes 25 executions per calendar month unless a different allowance is displayed when you subscribe.

If usage exceeds the Starter monthly allowance, we may allow the workflow to continue rather than interrupting a live customer process.

If usage exceeds the Starter monthly allowance, the account may move to Growth for the next usage period. We will provide notice before a paid plan change where reasonably practical and as required by law.

12. Growth usage and automatic top-ups

Growth includes 250 executions per calendar month unless a different allowance is displayed when you subscribe.

If included Growth executions are exhausted, additional execution packs are automatically added where automatic top-ups are enabled for your plan.

Unless otherwise stated before the charge occurs, each Growth top-up provides 20 additional executions for $5 AUD, excluding GST where applicable.

By selecting a Growth plan with automatic top-ups enabled, you expressly authorise us and our payment provider to charge the payment method associated with your account for each additional execution pack as it is required.

Top-ups are usage entitlements and are not cash balances, stored value or refundable credits.

Unless otherwise stated, unused top-up executions may be used during the month in which they are added and the following calendar month, then expire at the end of that following month.

We will take reasonable steps to prevent duplicate top-up charges arising from technical retries or duplicate processing.

13. Automatic plan changes

We may automatically change your plan where your usage pattern clearly falls within the rules communicated for your plan.

• A Starter account that exceeds its included monthly usage may be moved to Growth for a future usage period
• A Growth account that remains within Starter-level usage for two consecutive calendar months may be moved to Starter

Where an automatic plan change affects your subscription price, we will provide notice where reasonably practical and as required by law. The effective date may depend on your billing cycle and the plan-change date shown in your account.

You may contact us if you believe an automatic plan change has been applied incorrectly.

14. Failed payments

If a subscription or top-up payment cannot be processed, we or our payment provider may retry the payment and ask you to update your payment method.

You remain responsible for amounts properly due under your subscription or authorised usage charges.

We may restrict or suspend access to paid features while an account remains overdue, after giving notice where reasonably practical. Where appropriate, access to Free features may remain available even if paid features are suspended.

15. Plan changes and pricing

You may be able to upgrade, downgrade or change your plan depending on the plans available at the time.

We may change our plans, features, usage allowances or pricing from time to time. Where a change materially affects an existing paid subscription, we will provide reasonable notice where required.

Upgrades may take effect immediately or from a stated date. Downgrades may take effect at the end of the current paid billing period, at the start of a future usage period or on another date communicated to you.

Included plan executions do not carry forward from one monthly usage period to the next unless we expressly state otherwise. Unused top-up executions are treated separately under section 12.

16. Cancellation

You may cancel a paid subscription using the options available through your account or by contacting us.

Unless otherwise stated, cancellation takes effect at the end of your current paid billing period. Your paid subscription will not renew after cancellation takes effect.

Cancellation stops future renewal charges but does not normally provide a refund or credit for a subscription period already paid for, except where required by law or expressly agreed by us.

After a paid subscription ends, your account may move to the Free plan where available rather than being deleted. Paid-only features may stop being available when the paid subscription ends.

17. Service availability

We work to keep nimbl. available and operating reliably, but no online service is completely uninterrupted or error-free.

From time to time, the Service may be unavailable or its operation may be affected by:

• Maintenance
• Software or infrastructure issues
• Internet or telecommunications failures
• Third-party outages
• Integration failures
• Security incidents
• Events outside our reasonable control

We do not guarantee 100% uptime or uninterrupted availability unless we expressly agree to a separate service level agreement in writing.

18. Business losses and compensation

To the maximum extent permitted by law, nimbl. is not liable for indirect, consequential or special loss arising from your use of, inability to use, interruption of or error in the Service.

This includes loss of:

• Sales
• Revenue
• Profits
• Customers
• Business opportunities
• Anticipated savings
• Goodwill

Service interruptions, delayed processing, integration failures or other availability issues do not automatically entitle you to reimbursement or compensation for lost sales, revenue or other business losses.

We may, at our discretion, provide a refund, account credit or other remedy where we consider it appropriate.

19. Limitation of liability

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the subscription fees and usage charges paid by you to nimbl. during the 12 months immediately preceding the event giving rise to the claim.

For users who have not paid any fees during that period, our liability is limited to the maximum extent permitted by law.

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

20. Data and information

You retain ownership of the business and customer information you provide through nimbl..

You give us a limited right to host, copy, transmit, process and otherwise use that information only as reasonably required to provide, operate, support, secure and improve the Service, comply with law and carry out your instructions.

You are responsible for ensuring you have the appropriate authority, notices and consents to provide customer, employee and business information to nimbl. and connected services.

21. Security

We take reasonable steps to protect the Service and information processed through it.

However, no software, online platform or method of electronic transmission can be guaranteed to be completely secure.

You must notify us promptly if you believe your account or connected integrations have been compromised.

22. Intellectual property

nimbl., including its software, design, branding, workflows, interfaces and related materials, is owned by or licensed to us.

Using nimbl. does not transfer ownership of our intellectual property to you.

You may not copy, reverse engineer, reproduce, modify, resell or distribute the Service except where expressly permitted by us or by law.

23. Suspension or termination

We may suspend or terminate access to the Service where reasonably necessary, including where:

• Subscription fees remain unpaid
• These Terms are materially breached
• The Service is being misused
• We reasonably believe there is a security risk
• Continued use may cause harm to another person or system
• We are required to do so by law

Where reasonably practical, we will provide notice before suspension or termination.

24. Events outside our control

We are not responsible for a failure or delay caused by circumstances outside our reasonable control.

These may include internet failures, telecommunications outages, cloud hosting failures, natural disasters, government actions, industrial disputes, cyber incidents or failures of third-party platforms.

25. Changes to the Service

nimbl. will continue to evolve.

We may add, modify or discontinue features from time to time as we improve the Service.

Where a material change significantly affects an existing paid subscription, we will provide reasonable notice where appropriate.

26. Changes to these Terms

We may update these Terms from time to time.

The latest version will be published on our website with the updated effective date.

If a material change affects your use of the Service, subscription, usage charges or automatic top-up arrangements, we may also notify you directly.

27. Confidentiality and early-access features

Each party may receive non-public business, technical or commercial information from the other in connection with the Service. Each party must take reasonable steps to protect that information and use it only for the purpose for which it was provided, except where disclosure is authorised or required by law.

From time to time, we may make beta, preview, trial or early-access features available. These features may be incomplete, change without notice, contain errors or be withdrawn. Unless we expressly agree otherwise, they are provided for evaluation and may not be suitable for business-critical use.

28. Governing law

These Terms are governed by the laws of Victoria, Australia.

You and nimbl. submit to the jurisdiction of the courts of Victoria and applicable Commonwealth courts.

29. Contact

Questions about these Terms can be sent to hello@nimblco.ai.

Privacy Policy

This Privacy Policy explains how nimbl. collects, uses, stores and discloses personal information when you visit our website, contact us, use the nimbl. Service or interact with a business using nimbl..

1. Information we collect

We may collect information you provide directly to us, including:

• Your name
• Email address
• Phone number
• Business name
• Business role
• Billing information
• Enquiry details, including free-form text
• Account information
• Plan, feature and execution usage information
• Information you provide when contacting or using nimbl.

2. Information processed for our customers

Businesses using nimbl. may use the Service to process customer enquiries and orders.

This may include customer information such as:

• Name
• Email address
• Phone number
• Company name
• Event or order details
• Delivery or pickup details
• Dietary requirements
• Customer notes and free-form enquiry content
• Requested dates and times
• Communications relating to an enquiry or order

Where we process this information on behalf of a nimbl. customer, we use it to provide the Service to that business and in accordance with that customer's instructions, these terms and applicable law.

Businesses using nimbl. are responsible for providing any privacy notices and obtaining any permissions or consents required for the customer information they submit to or process through the Service.

3. Sensitive information

Some customer enquiries may include dietary, allergy, health, religious or other information that may be sensitive information under applicable privacy law.

We only seek to process sensitive information where it is reasonably necessary for the requested catering, order or workflow purpose. Businesses using nimbl. are responsible for ensuring they are authorised to collect and provide that information to us.

4. Website and technical information

We may collect technical and usage information including:

• Browser type
• Device information
• Pages visited
• Referral source
• Approximate location
• Website interactions
• Technical logs

This information may be collected through cookies, analytics tools and similar technologies.

5. How we use information

We may use personal information to:

• Create and manage accounts
• Provide the nimbl. Service
• Process customer enquiries and workflows
• Prepare automated communications and business documents
• Support integrations
• Process subscriptions and billing
• Provide customer support
• Communicate with prospective customers
• Improve our website, workflows and Service
• Measure feature, plan and execution usage
• Produce aggregated analytics, reporting and service-performance insights
• Monitor performance and security
• Prevent misuse or fraud
• Comply with legal obligations

We may also create and use aggregated or de-identified information that does not reasonably identify an individual to understand how the Service is used, improve workflows, measure performance and develop reporting or product improvements.

6. Automated and AI-assisted processing

Some nimbl. features use automated or AI-assisted technology to interpret information and assist with workflows.

This may include processing information to:

• Understand customer enquiries
• Identify relevant products or services
• Prepare recommendations
• Generate draft communications
• Prepare invoice information
• Support operational workflows

We use these technologies to provide, operate, support and improve the Service. Depending on the feature, information may be processed by third-party technology providers acting as service providers to us.

We take reasonable steps to limit the information shared with service providers to what is reasonably required for the relevant function.

7. Connected services

When a business connects nimbl. to another platform, information may be shared with or received from that platform as required to provide the requested functionality.

Connected services may include:

• Payment providers
• Invoicing platforms
• Email providers
• Calendar providers
• Accounting platforms
• Hosting providers
• Automation or infrastructure providers

These providers operate under their own privacy policies and terms.

8. Payment information

Payments for nimbl. subscriptions may be processed by third-party payment providers such as Stripe.

We do not store complete payment card numbers.

Payment providers may collect and process payment and billing information directly in accordance with their own privacy policies.

9. Disclosure of information

We may disclose personal information to trusted service providers who help us operate and provide nimbl..

These providers may assist with:

• Cloud hosting
• Data storage
• Payments
• Email
• Calendars
• Invoicing
• Analytics
• Security
• Customer support
• Software infrastructure

We require service providers to handle information for authorised purposes and take appropriate steps to protect it, subject to their own legal obligations and service terms.

We do not sell personal information.

10. Overseas processing

Some technology and service providers used by nimbl. may store or process information outside Australia.

Where personal information is disclosed to an overseas recipient, we take reasonable steps required by applicable privacy law to protect the information and assess the providers we use.

The locations used by our providers may change as their infrastructure changes. Where practicable and required, we will provide further information about likely overseas locations on request or in an updated privacy notice.

11. Data security

We take reasonable technical and organisational measures to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure.

However, no online system can be guaranteed to be completely secure.

If we become aware of a data incident, we will assess it and take reasonable response steps, including notifications where required by applicable law.

12. Data retention

We retain personal information only for as long as reasonably required to:

• Provide the Service
• Maintain business records
• Meet legal obligations
• Resolve disputes
• Protect our systems
• Support legitimate business requirements

Information that is no longer reasonably required may be deleted, anonymised or securely archived where appropriate.

13. Access and correction

You may request access to personal information we hold about you or ask us to correct information that is inaccurate, incomplete or out of date.

We may need to verify your identity before processing a request.

14. Marketing communications

If you contact nimbl., request a demo or become a customer, we may send communications relating to our products or services.

You can opt out of marketing communications at any time.

Important account, billing, security and service communications may still be sent where required to provide the Service.

15. Cookies and analytics

We may use cookies and analytics technologies to understand website usage, improve the user experience and measure marketing performance.

You can adjust your browser settings to refuse some cookies, although some website functionality may be affected.

16. Privacy complaints

If you have a concern about how we handle personal information, please contact us so we can investigate and try to resolve it.

If you are not satisfied with our response, you may have the right to contact the relevant Australian privacy regulator.

17. Changes to this Privacy Policy

We may update this Privacy Policy from time to time.

The latest version will be published on our website with an updated effective date.

18. Contact

For privacy questions, requests or concerns, contact hello@nimblco.ai.