These Terms of Service ("Terms") govern your access to and use of WardenONE (the "Service") provided by [Legal Entity Name] (ABN [ABN]) ("WardenONE", "we", "us"). By creating an account, accessing or using the Service, you agree to be bound by these Terms.

1. The Service

WardenONE is a software-as-a-service tool that helps Australian facilities organise, record and maintain information relating to workplace emergency planning and fire safety operations — including emergency planning committees, emergency control organisations, personnel, equipment registers, evacuation diagrams, exercises, incidents and training.

The Service is a record-keeping and operations tool. It is not a fire safety consultancy, fire engineering service, or accredited audit, certification or inspection service.

2. Best efforts, not warranty of compliance

We will use commercially reasonable best efforts to provide the Service in a manner that supports your achievement of compliance with applicable Australian regulatory requirements, including AS 3745–2010 (Planning for emergencies in facilities), the Work Health and Safety Act 2011 (and its state and territory equivalents), and related regulations.

The Service supports your achievement of compliance. It does not warrant or guarantee compliance. Responsibility for meeting legal, regulatory and standards obligations remains at all times with you (and any "person conducting a business or undertaking", facility owner, occupier or duty-holder that you represent). You must satisfy yourself that the records, processes and outputs produced through the Service meet the requirements of your jurisdiction, your insurer and any regulator applicable to your facility.

Information and templates provided through the Service are general in nature and are not legal, engineering or professional fire safety advice.

3. Your account and your data

You are responsible for the accuracy of the data you enter into the Service, for the actions of users you invite to your facility or organisation, and for keeping authentication credentials secure. You must notify us promptly of any suspected unauthorised access.

You retain all rights in the data you upload or generate using the Service ("Customer Data"). You grant us a limited licence to host, process and display Customer Data solely to provide and improve the Service, to enforce these Terms, and to comply with law.

4. Acceptable use

You must not:

• use the Service in breach of any applicable law or regulation;
• upload material you do not have the right to share, or that infringes another party's rights;
• attempt to gain unauthorised access to the Service, other accounts, or our infrastructure;
• resell, sublicense or commercially redistribute the Service without our written agreement;
• use the Service in a way that could damage, disable or impair its operation for other users.

5. Subscriptions, fees and trials

Fees for paid plans are set out on our pricing page. Subscriptions renew automatically on a monthly or annual basis as selected, until cancelled. Fees are charged in advance and are non-refundable except as required by law (including the Australian Consumer Law).

We may offer free or trial access on terms set out at sign-up. Free access may be subject to feature, storage or user limits, and may be modified or discontinued at our discretion.

We may change fees on at least 30 days' notice. If you do not accept a fee change, your remedy is to cancel before the change takes effect.

6. Availability and support

We will use best efforts to keep the Service available and performant, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance, third-party outages, software defects and force majeure events may cause temporary unavailability.

Support is provided by email during Australian business hours. Response targets, where offered, are described on the relevant plan.

7. Suspension and termination

You may cancel your subscription at any time from within the Service or by contacting us. Cancellation takes effect at the end of the current billing period.

We may suspend or terminate access for non-payment, breach of these Terms, or where required by law. We will give reasonable notice where practicable.

On termination you may export your Customer Data for a period of 90 days, after which it will be permanently deleted from active systems, subject to retention required by law and to backups that are overwritten on the normal backup cycle.

8. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not warrant that the Service will meet your particular requirements, that outputs will satisfy any specific regulator, insurer or auditor, or that the Service will be free of errors or interruptions.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the Service or paying the cost of having it resupplied.

9. Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special or exemplary damages, or for loss of profits, revenue, goodwill or data.

Our aggregate liability arising out of or in connection with the Service or these Terms is capped at the fees paid by you for the Service in the 12 months immediately preceding the event giving rise to the claim.

10. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email to your account contact or by in-app notice. Your continued use after the effective date of the updated Terms constitutes acceptance.

12. Governing law

These Terms are governed by the laws of [State / Territory], Australia. The parties submit to the exclusive jurisdiction of the courts of that State or Territory.

13. Contact

Questions about these Terms can be sent to info@warden-one.com.au.