Terms of Service

1. Definitions

• "Customer" means the organisation or individual that has entered into a subscription agreement with AssetStack.
• "User" means any individual authorised by the Customer to access and use the Services.
• "Customer Data" means all data, documents, photographs, condition assessments, asset registers and other content uploaded to the platform by the Customer or its Users.
• "Subscription Term" means the period for which the Customer has subscribed to the Services.

2. Provision of Services

Subject to these Terms and payment of applicable fees, AssetStack grants the Customer a non-exclusive, non-transferable right to access and use the Services during the Subscription Term solely for the Customer's internal business purposes.

3. Account Registration and Security

• Users must register for an account using accurate and complete information.
• Users are responsible for maintaining the confidentiality of their account credentials.
• The Customer is responsible for all activity that occurs under its Users' accounts.
• AssetStack reserves the right to suspend access where we reasonably believe security has been compromised.

4. Customer Data

• The Customer retains all right, title and interest in and to Customer Data.
• AssetStack does not claim ownership of Customer Data.
• The Customer grants AssetStack a limited licence to process, host, back up and transmit Customer Data solely for the purpose of providing the Services.
• AssetStack will not access, modify or disclose Customer Data except: (a) as necessary to provide the Services; (b) as authorised by the Customer; (c) as required by law; or (d) in accordance with our Privacy Policy.

5. Acceptable Use

The Customer and its Users agree not to:

• use the Services for any unlawful purpose or in violation of any applicable law
• upload any data that infringes intellectual property rights or violates privacy rights
• attempt to gain unauthorised access to the platform, systems or networks
• interfere with or disrupt the integrity or performance of the Services
• reverse engineer, decompile or disassemble any aspect of the Services
• use the Services to store or transmit malicious code, viruses or worms

AssetStack reserves the right to suspend or terminate access for any breach of this clause.

6. Fees and Payment

• Fees are set out in the applicable Order Form or subscription agreement.
• Unless otherwise stated, fees are payable annually in advance.
• All fees are exclusive of GST or other applicable taxes.
• Failure to pay may result in suspension of the Services.

7. Intellectual Property

• AssetStack retains all right, title and interest in and to the Services, platform, software, documentation, trademarks and related intellectual property.
• The Customer retains all right, title and interest in Customer Data.
• Feedback provided by the Customer may be used by AssetStack to improve the Services without obligation or compensation.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use it solely for the purposes of these Terms. This obligation survives termination for a period of three years.

9. Data Security and Backups

AssetStack implements and maintains commercially reasonable technical and organisational security measures to protect Customer Data, as described in our Security documentation. The Customer is responsible for maintaining appropriate backups of Customer Data outside the platform.

10. Limitation of Liability

To the maximum extent permitted by law:

• AssetStack's total liability for any claim arising out of or relating to these Terms or the Services is limited to the amount paid by the Customer for the Services in the 12 months preceding the claim.
• Neither party will be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, revenue, data or goodwill.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

11. Term and Termination

• These Terms commence on the date the Customer first accesses the Services and continue for the Subscription Term.
• Either party may terminate for material breach if the breach is not cured within 30 days of written notice.
• Upon termination or expiry: (a) the Customer's access to the Services will cease; (b) AssetStack will return or delete Customer Data in accordance with the Customer's instructions and our Data Processing Agreement; (c) accrued payment obligations survive termination.

12. Data Export and Return

At any time during the Subscription Term, and for a period of 30 days following termination, the Customer may export Customer Data in standard formats (CSV, Excel, IPWEA-compliant). AssetStack does not charge additional fees for data export.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

14. Changes to Terms

We may modify these Terms from time to time. We will provide notice of material changes via email or through the platform. Continued use of the Services after such changes constitutes acceptance.

15. Contact

For questions about these Terms, contact:

Email: [email protected]