Terms & Conditions

Last updated: 1st June 2023

This Terms of Service ("Terms") is a legal agreement between you, whether you are an individual or a legal entity ("you" or "User"), and Amend Technology Pty Ltd ("we," "us," or "our"), governing your access to and use of our software as a service platform (the "Software"), including any updates, modifications, or enhancements to the Software, and any related documentation or services provided by us (collectively, the "Services").

To access and use the Services, you must create an account with us by providing accurate, current, and complete information about yourself and your organization. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes only. You agree not to use the Services for any other purpose, including but not limited to:

You are solely responsible for all data, information, and content that you upload, submit, or otherwise transmit through the Services ("User Content"). You represent and warrant that you have all necessary rights and permissions to provide the User Content and that the User Content does not infringe any intellectual property rights or violate any applicable laws, regulations, or third-party rights.

We will maintain appropriate administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your User Content. Our use of your User Content and any personally identifiable information is subject to our Privacy Policy, which is incorporated into these Terms by reference.

All rights, title, and interest in and to the Services, including all intellectual property rights therein, are and will remain the exclusive property of Amend Technology Pty Ltd and its licensors. Nothing in these Terms grants you any rights to the Services or any of our intellectual property rights, except for the limited license granted in Section 3.

By using the Services, you agree to pay all fees and charges specified on our website or otherwise agreed upon in writing. All fees are payable in the currency specified. We reserve the right to change our fees at any time, subject to providing you with reasonable notice.

You may be entitled to a refund, please ensure you read our Refund Policy

Either party may terminate these Terms at any time, for any reason, upon written notice to the other party. Upon termination, your right to access and use the Services will immediately cease, and we may delete your account and User Content.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR ANY CONTENT PROVIDED THROUGH THE SERVICES.

IN NO EVENT SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (USD 100).

You agree to indemnify, defend, and hold harmless Amend Technology Pty Ltd, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with (a) your access to or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your infringement or violation of any intellectual property rights or other rights of any third party.

These Terms shall be governed by and construed in accordance with the laws of Victora, Australia, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms or your access to or use of the Services shall be resolved by binding arbitration in Victoria, Australia, in accordance with the then-current rules of [Arbitration Institution], and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the updated Terms on our website or by sending you an email. Your continued use of the Services after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services.

These Terms, together with our Refund Policy and Privacy Policy, constitute the entire agreement between you and Amend Technology Pty Ltd with respect to your access to and use of the Services, superseding any prior agreements, understandings, or arrangements. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.