DigStart Customer Terms · Version 1 · Effective 17 October 2026

DigStart is provided by MGK Earthworks Pty Ltd (ABN 15 619 163 423).

1. Parties. These terms are between MGK Earthworks Pty Ltd (ABN 15 619 163 423, ACN 619 163 423) of New South Wales, Australia ("we", "us") and the business that signs up ("you").

2. Subscription and auto-renewal.

  • Your subscription renews automatically each month until you cancel.
  • We charge the card or payment method you give us through Stripe at the start of each period.
  • Prices are per machine per month in AUD, including GST, in graduated bands: machines 1–3 at A$35, 4–10 at A$29, and 11 or more at A$25. For more than 25 machines we can quote a custom price.
  • We'll show the total monthly price for your fleet, including GST, before you subscribe, and on every invoice.

3. Free trial and pilots.

  • New accounts get a 30-day free trial. No card is needed, and nothing is charged unless you choose to activate a subscription.
  • If you use a pilot code, DigStart is free for the period shown with the code.

4. Cancellation.

  • You can cancel any time in the app under Account & billing (on the web: Settings → Billing), or by emailing support@digstart.com.au.
  • If you cancel by email, your cancellation takes effect from when we receive it, and we'll confirm it by email.
  • You can cancel a free trial or pilot at any time, and you won't be charged.
  • Monthly plans stop at the end of the current billing period, and you won't be charged again. You keep access until that period ends.
  • There are no cancellation fees.

5. Refunds. We don't give refunds for change of mind, except as set out in clauses 8 and 12 or where we've agreed otherwise. If we fail to provide the service, or the Australian Consumer Law gives you a right to a refund, we'll give you one.

Nothing in these terms excludes, restricts or modifies your rights under the Australian Consumer Law.

6. Your data and your uploads.

  • Ownership. You own your data and documents.
  • Your right to upload. You warrant that you have the right to upload, store and share everything you upload to DigStart, including operator manuals, service sheets, invoices and photos. You also warrant that our use of it as these terms allow won't infringe anyone's copyright or other rights. You confirm that you've told your workers and contractors how their details in those documents will be handled.
  • Logos and branding. If you upload a logo or other branding, you confirm it belongs to your business or you have permission to use it, and that it isn't a manufacturer's, dealer's or other business's logo. We can remove branding that doesn't meet this.
  • Limited licence to us. You give MGK Earthworks Pty Ltd a non-exclusive, limited licence to use your uploads only to:
    • (a) host, store, back up and display your files to you and the people you authorise;
    • (b) process them, including with AI as described in our Privacy Policy, to extract facts and records for your account;
    • (c) add OEM specification facts extracted from your uploads (service intervals, service items, fluids and fluid capacities, and page references) to DigStart's shared spec library, which other DigStart customers can use for the same make and model. The facts are restated in DigStart's own format with a source note such as "Source: OEM operator manual, p. X".
  • What the shared library never includes. Shared library entries never include serial numbers, machine hours, registration numbers (regos), names, the identity of the uploader, or notes on machine condition. We never give your files, or copies or large extracts of them, to other customers. Your records and files are never shared with other customers. We may use OEM specification facts from manuals to improve the shared spec library, without any information that identifies you or your machines.
  • How long the licence lasts. The licence in (a) and (b) ends when your files are deleted under clause 7. The licence in (c) is perpetual, royalty-free and irrevocable, but only covers specification facts that don't identify you, your people or your machines. Facts already in the shared spec library stay there after you leave.
  • Our platform provider. DigStart runs on Base44, a platform operated by Wix.com Ltd. Item 5 of our Privacy Policy explains what Base44's terms allow. We're moving DigStart to hosting in Sydney, Australia, before paid plans start.
  • Sharing your own records. You can send your own records or manuals to someone you choose, for example a principal contractor's site administrator, one recipient at a time and only for your own machines. We send them as an expiring private link or an attachment, shown as coming from you, "via DigStart by MGK Earthworks Pty Ltd". The email is transactional, with no marketing content, and we log each share.

6A. Copyright complaints and takedown.

  • How to complain. If you believe material on DigStart infringes your copyright, email support@digstart.com.au. Include:
    • your name and contact details
    • the work you say is infringed
    • where the material is in DigStart
    • a statement that you believe the use isn't authorised.
  • What we do.
    • We'll respond within 30 days.
    • We may disable access to the material while we look into it.
    • We'll tell the customer who uploaded it, and they can respond.
    • If the complaint is upheld, we'll remove the material.
  • Repeat infringers. We may suspend customers who repeatedly upload infringing material.

6B. Privacy, security and incidents.

  • We handle personal information in your account in line with our Privacy Policy and the Australian Privacy Principles, as if they apply to us.
  • We take reasonable steps to protect your data from misuse, interference, loss and unauthorised access, change or disclosure, including access controls that keep each customer's records separate.
  • We keep your data confidential. We use and disclose it only as these terms and our Privacy Policy allow, or as the law requires.
  • If we become aware that your data has been accessed, disclosed or lost without authority, we'll tell you without undue delay, and within 72 hours of confirming it. We'll tell you what we know, and work with you on any notices you or we need to give to affected people or regulators.

7. Export and deletion.

  • You can export your records (CSV and PDF) at any time. For your files, email support@digstart.com.au and we'll send you a copy of your data in a common format within 30 days.
  • After you cancel, we keep your records and files, read-only, so you can come back or export them. We delete them within 30 days of you asking us to (see below), or 2 years after you cancel if you haven't come back, and we'll email you before that happens. Copies may stay in our backups for a limited period after deletion. We restrict access to backups and don't restore deleted data except to fix a security or system problem.
  • To delete your account or your data, email privacy@digstart.com.au from your account email address. We'll confirm your request, delete your data within 30 days and tell you in writing when it's done.
  • We keep anything the law requires us to keep, such as tax invoices, and records of your acceptance of these terms.
  • Keep your own copies. You can export your records at any time. You're responsible for keeping your own copies of records you need to keep, for example for WHS, tax or the sale of a machine. Our backups are for recovering DigStart from outages and errors, not an archive for you, and we may not be able to restore individual records on request.

8. Changes to price or terms.

  • We'll give you at least 30 days' notice by email of any price increase, or any other change that isn't in your favour.
  • If you don't agree, you can cancel before the change takes effect, and we'll refund any amount you've prepaid for the period after the change.

9. What DigStart is and isn't.

  • What DigStart is. DigStart is software that helps you keep records and reminders for your plant. It stores the records you and your team enter or upload, shows service due dates and reminders, and uses AI to read documents and suggest service records, due dates, health scores, fault likelihoods and cost estimates.
  • What DigStart isn't. We don't maintain, service, repair, inspect or test your plant. We don't do, check, schedule, supervise or sign off any maintenance, servicing, repairs, inspections or prestart checks, and we don't have management or control of your plant. DigStart isn't an inspection, a certificate or professional engineering advice. It doesn't replace the manufacturer's instructions or a competent person.
  • Reminders and forecasts are estimates. Due dates, reminders, forecasts, health scores and AI suggestions are estimates based on the information in your account. They can be wrong, late, incomplete or missing, for example if machine hours or services haven't been entered, a document was read incorrectly, or a notification wasn't delivered. Don't rely on DigStart as your only way of knowing when plant is due.
  • Your responsibilities. You're responsible for:
    • (a) deciding what maintenance, servicing, repairs, inspections and prestart checks your plant needs, and when, using the manufacturer's recommendations and competent people;
    • (b) making sure that work is done by competent people;
    • (c) checking the records, due dates and AI suggestions in your account, and correcting anything wrong or missing, before you rely on them; and
    • (d) deciding whether plant is safe to use.
  • Your WHS duties stay with you. Your duties under the work health and safety laws that apply to you stay with you and can't be transferred to us (for example, Work Health and Safety Act 2011 (NSW) s14). That includes making sure plant is maintained, inspected and, if necessary, tested by a competent person in line with the manufacturer's recommendations (Work Health and Safety Regulation 2025 (NSW) cl. 213).
  • Our responsibility. We'll provide DigStart with due care and skill. Nothing in this clause limits our responsibility for our own failure to take reasonable care in providing DigStart, or your rights under the Australian Consumer Law.

10. Liability.

  • To the extent the law allows, our total liability arising from these terms or DigStart in any 12-month period is limited to the greater of (a) the fees you paid us in that period and (b) A$1,000.
  • We're not liable for loss of profit, revenue or business opportunity, or for indirect or consequential loss, except where it is caused by our breach of clause 6B (Privacy, security and incidents), our fraud or wilful misconduct.
  • The cap above doesn't apply to our breach of clause 6B, our fraud or wilful misconduct, or death or personal injury caused by our negligence.
  • Where the ACL consumer guarantees apply and the service isn't of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a guarantee is limited, where permitted, to supplying the services again or paying the cost of having them supplied again. This doesn't apply where it would not be fair or reasonable for us to rely on it.
  • Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that can't lawfully be excluded.

11. Availability and support.

  • We aim to keep DigStart available at all times, except during scheduled maintenance, which is usually between 1 AM and 4 AM Sydney time.
  • We'll tell you about planned outages in advance.
  • Some outages are caused by our hosting and AI providers and are outside our control. We'll tell you about them and restore service as quickly as we can.

12. Suspension and termination.

  • We may suspend your account if an invoice is more than 14 days overdue after we've sent you a reminder.
  • We may suspend access immediately, but only as far as needed, to deal with a security threat, or with use that breaks the law or these terms and risks harm to DigStart, other customers or anyone else. We'll tell you why as soon as we can and restore access once the issue is fixed.
  • While you're suspended, you can still export your records unless that would worsen a security threat.
  • We may end the service on 60 days' notice, with a pro-rata refund of prepaid fees and the export period in clause 7.

13. GST and invoices.

  • All prices include GST unless stated. MGK Earthworks Pty Ltd is registered for GST.
  • We'll give you a tax invoice for each payment, showing our name and ABN.
  • If you give us your ABN, we'll show it on the invoice.

14. Disputes and law.

  • Talk to us first. We'll respond within 30 days.
  • The law of New South Wales applies, and the courts of New South Wales have non-exclusive jurisdiction.

15. General. You must be a business, and your users must be at least 18 and your workers or contractors. The person who accepts these terms confirms they're authorised to bind the business. We may send notices to your account email. If part of these terms is unenforceable, the rest still applies.

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