1. Acceptance of Terms
These Terms of Service ("Terms") form a binding agreement between Axiom Advisory Global ("Axiom Advisory," "we," "us," or "our") and the entity or individual accessing or using our products and services, including our flagship platform and any other current or future service we operate (collectively, the "Services") ("Customer," "you," or "your").
By creating an account, clicking to accept, or otherwise accessing or using the Services, you agree to be bound by these Terms. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to that organisation.
If you do not agree to these Terms, you must not access or use the Services.
2. Description of Services
The Services provide software tools for construction and related industries to capture, organise, and manage project documentation and records, including AI-assisted data extraction features where enabled. We may add, modify, or discontinue features of the Services at our discretion, and we will provide reasonable notice of any change that materially reduces core functionality.
The Services are provided on a business-to-business basis. They are not intended for consumer use, and no consumer protection regime applicable to individual consumers governs this agreement except where mandatorily applicable by law.
3. Account Registration and Security
To use the Services, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
- You must notify us immediately at admin@axiomadvisory.org of any unauthorised use of your account or any other security breach.
- You are responsible for ensuring that individuals you invite to your organisation's account are authorised to access the Services and any data within it.
- We are not liable for any loss or damage arising from your failure to safeguard your account credentials.
4. Customer Responsibilities
As between you and us, you are the data controller for all personal data you or your personnel submit to the Services, and we act as data processor with respect to that data, as set out in our Data Processing Addendum. Accordingly, you are solely responsible for:
- Ensuring you have a lawful basis under applicable data protection law for collecting and uploading any personal data to the Services, including data relating to employees, subcontractors, drivers, or other third parties.
- Obtaining any necessary consents, notices, or authorisations from individuals whose personal data you submit, including your own employees and drivers, where such consent or notice is required by law.
- The accuracy, quality, and legality of the data you submit, and of the means by which you acquired it.
- Configuring your account, user permissions, and data-sharing settings appropriately for your organisation's needs.
- Compliance with all applicable laws and regulations governing your use of the Services and the data you process through them.
We are not responsible for any loss, liability, or claim arising from your misconfiguration of the Services, your failure to obtain necessary consents, or your misuse of the Services or the data within them.
5. Acceptable Use
You must not, and must not permit any person to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Upload data that infringes the intellectual property, privacy, or other rights of any third party.
- Attempt to gain unauthorised access to any part of the Services, other accounts, or related systems or networks.
- Interfere with or disrupt the integrity or performance of the Services, including through excessive automated requests, reverse engineering, or attempts to circumvent rate limiting or security controls.
- Resell, sublicense, or provide the Services to third parties outside your organisation without our prior written consent.
- Use the Services to store or transmit malicious code.
We reserve the right to suspend or restrict access to the Services where we reasonably believe a breach of this section has occurred, pending investigation.
6. Payment and Billing
Fees for the Services are set out in your order form, subscription plan, or as otherwise communicated to you at the time of purchase. Payments are processed through Stripe, Inc., our third-party payment processor. By providing payment details, you authorise us, through Stripe, to charge the applicable fees on a recurring basis in accordance with your selected plan.
- Fees are exclusive of applicable taxes unless stated otherwise, and you are responsible for any taxes associated with your purchase.
- Except as required by law or expressly stated in an order form, fees are non-refundable.
- Failure to pay outstanding fees may result in suspension or termination of access to the Services, following reasonable notice.
- We may change our pricing on renewal by providing at least 30 days' notice.
7. Termination
7.1 Termination by You
You may terminate your account at any time by written notice to admin@axiomadvisory.org or through account settings where available. Termination does not entitle you to a refund of prepaid fees except as required by law.
7.2 Termination by Us
We may suspend or terminate your access to the Services, with reasonable notice where practicable, if: you materially breach these Terms and fail to cure the breach within a reasonable period after notice; you fail to pay outstanding fees; your use of the Services poses a security or legal risk; or as required by law.
7.3 Effect of Termination
On termination, your right to access the Services ends. We will make your data available for export for a limited period following termination, after which it will be deleted in accordance with our data retention practices described in our Privacy Policy, subject to any legal obligation to retain it longer.
8. Data Ownership and Licenses
As between you and us, you retain all rights, title, and interest in and to the data you submit to the Services ("Customer Data"). You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely as necessary to provide the Services to you and in accordance with your instructions and our Data Processing Addendum.
We retain all rights, title, and interest in and to the Services themselves, including all software, design, and underlying technology, and no rights are granted to you except the limited right to use the Services as set out in these Terms.
9. Confidentiality
Each party may have access to confidential information of the other party in connection with the Services. Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and not less than a reasonable standard of care, and to use it solely for the purposes of this agreement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
10. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunity, arising out of or related to these Terms or the Services, even if advised of the possibility of such damages.
To the maximum extent permitted by law, each party's total aggregate liability arising out of or related to these Terms and the Services will not exceed the total fees paid or payable by you to us in the 12 months immediately preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be limited or excluded under applicable law, including liability for death, personal injury, or fraud.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, liabilities, and reasonable expenses (including legal fees) arising from: your breach of these Terms; your violation of applicable law; your failure to obtain necessary consents or lawful basis for data you submit to the Services; or your misuse of the Services.
We agree to indemnify and hold you harmless from any third-party claims that the Services, as provided by us and used in accordance with these Terms, infringe that third party's intellectual property rights, subject to the limitations set out in Section 10.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to its conflict of law principles. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia, in relation to any dispute arising out of or in connection with these Terms.
13. Dispute Resolution
In the event of a dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation between senior representatives. If the dispute is not resolved within 30 days of written notice, either party may pursue any remedy available under these Terms or applicable law, including litigation in the courts identified in Section 12.
14. Changes to These Terms
We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice by email to the primary contact on each account before the change takes effect. Continued use of the Services after a change takes effect constitutes acceptance of the revised Terms. If you do not agree to a material change, you may terminate your account prior to the change taking effect.
15. Service Availability and Support
We aim to make the Services available on a continuous basis, but we do not guarantee uninterrupted access. Scheduled maintenance, emergency maintenance, and factors outside our reasonable control may result in periods of downtime. We will use reasonable efforts to provide advance notice of scheduled maintenance likely to cause a material disruption. Support is provided through the channels made available to you as part of your subscription plan.
16. Intellectual Property
We and our licensors retain all right, title, and interest in and to the Services, including all software, interfaces, documentation, and associated intellectual property rights. Except for the limited rights expressly granted to you under these Terms, no rights are transferred to you, whether by implication, estoppel, or otherwise. You must not remove, alter, or obscure any proprietary notices on or within the Services.
17. Feedback
If you provide us with suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose, including improving the Services, without any obligation to compensate you.
18. Force Majeure
Neither party is liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including natural disasters, acts of government, labour disputes, internet or telecommunications failures, or failures of third-party infrastructure providers, provided the affected party uses reasonable efforts to mitigate the impact and resume performance.
19. Assignment
You may not assign or transfer these Terms, in whole or in part, without our prior written consent, except to a successor in connection with a merger, acquisition, or sale of substantially all assets, provided the successor agrees to be bound by these Terms. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of assets, or by operation of law.
20. Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be replaced with an enforceable provision that most closely reflects the original intent. These Terms, together with any order form, our Privacy Policy, our Data Processing Addendum, and any other documents incorporated by reference, constitute the entire agreement between the parties and supersede all prior agreements and understandings regarding their subject matter.
21. Contact
Axiom Advisory Global
Email: admin@axiomadvisory.org
Registered office: Sydney, New South Wales, Australia