LEGAL

Terms of Service

The terms governing your use of CalibrAIte's platform and services.

Last updated: April 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and CalibrAIte Pty Ltd (ABN pending) ("CalibrAIte", "we", "us", or "our"), a company registered in Western Australia. By accessing or using the CalibrAIte platform, website, or any related services (collectively, the "Services"), you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

If you do not agree with any part of these Terms, you must not access or use our Services.

2. Account Registration

To access certain features of our Services, you must register for an account. When registering, you agree to:

  • Provide accurate, current, and complete information during registration.
  • Maintain and promptly update your account information to keep it accurate and complete.
  • Maintain the security and confidentiality of your login credentials.
  • Accept responsibility for all activities that occur under your account.
  • Notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.

3. Service Description

CalibrAIte provides an AI-powered safety incident management platform designed for the Australian mining industry. Our Services include, but are not limited to:

  • Safety RAG (Retrieval-Augmented Generation) pipeline for regulatory compliance queries.
  • AI-assisted incident reporting and classification.
  • Automated compliance monitoring and reporting.
  • Trend analysis and predictive safety insights.
  • Toolbox talk generation and management.

Our Services are provided "as is" and are intended to assist — not replace — qualified safety professionals and human judgement. CalibrAIte's AI outputs are advisory in nature and should be reviewed by qualified personnel before being acted upon.

4. Acceptable Use

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
  • Attempt to gain unauthorised access to any part of the Services, other accounts, or systems.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Upload malicious code, viruses, or any other harmful technology.
  • Reverse engineer, decompile, or disassemble any part of the Services.
  • Use the Services to develop a competing product or service.
  • Resell, sublicense, or redistribute the Services without our prior written consent.
  • Use automated means to access the Services other than through our published APIs.

5. Intellectual Property

All intellectual property rights in the Services, including software, algorithms, models, designs, documentation, and trademarks, are owned by CalibrAIte or its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Services as permitted under these Terms.

You retain ownership of all data and content you upload to the platform ("Your Data"). By uploading Your Data, you grant CalibrAIte a limited, non-exclusive licence to process Your Data solely for the purpose of delivering the Services to you. We will not use Your Data to train our models for other customers without your explicit consent.

6. Payment Terms

Certain Services may require payment of fees. By subscribing to a paid plan, you agree to:

  • Pay all fees in accordance with the pricing plan selected at the time of purchase.
  • Fees are quoted in Australian dollars (AUD) unless otherwise specified.
  • Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan.
  • All fees are non-refundable except as required by Australian Consumer Law.
  • We reserve the right to change our pricing with 30 days' written notice.

Failure to pay fees when due may result in suspension or termination of your access to paid features.

7. Limitation of Liability

To the maximum extent permitted by law, CalibrAIte shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Services.

Our total aggregate liability for all claims arising from or relating to these Terms or the Services shall not exceed the total fees paid by you to CalibrAIte in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law, including guarantees under the Competition and Consumer Act 2010 (Cth).

8. Indemnification

You agree to indemnify, defend, and hold harmless CalibrAIte, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your use of the Services in violation of these Terms.
  • Your violation of any applicable law or regulation.
  • Any data or content you upload to the platform.
  • Your negligence or wilful misconduct.

9. Termination

Either party may terminate these Terms at any time by providing written notice. We may suspend or terminate your access to the Services immediately, without prior notice, if:

  • You breach any provision of these Terms.
  • You fail to pay any fees when due.
  • We are required to do so by law.
  • We reasonably believe your use poses a security risk to the Services or other users.

Upon termination, your right to access the Services ceases immediately. You may request export of Your Data within 30 days of termination, after which we may delete it.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of Western Australia, Australia. You agree to submit to the exclusive jurisdiction of the courts of Western Australia for the resolution of any disputes arising from or relating to these Terms or the Services.

11. Dispute Resolution

Before commencing any court proceedings, the parties agree to attempt to resolve any dispute arising from or in connection with these Terms through the following process:

  • Negotiation: The parties will first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
  • Mediation: If negotiation is unsuccessful, the parties will submit to mediation administered by the Resolution Institute under its mediation rules, conducted in Perth, Western Australia.
  • Litigation: If mediation is unsuccessful within 60 days, either party may commence proceedings in the courts of Western Australia.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of any material changes by posting the updated Terms on our website and notifying you via email. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms.

13. Contact Us

If you have any questions about these Terms of Service, please contact us:

CalibrAIte Pty Ltd
Perth, Western Australia
Email: legal@calibraite.com
Web: calibraite.com/contact