Terms of Service

Agreement to terms

These terms form a binding agreement between you (and the organisation you represent) and Cloud SWMS (“we”, “us”, “our”). If you are entering into this agreement on behalf of a business, you confirm you have the authority to do so. If you do not agree to these terms, you must not use our services.

Definitions

• Platform — the Cloud SWMS software, website and related services.
• Customer Data — the compliance and workforce information you and your users submit to the platform, including SWMS, inductions, licences and incident records.
• User — any person you authorise to access your account, including workers and subcontractors.

Accounts and eligibility

To use the platform you must create an account and provide accurate, current information. You are responsible for maintaining the confidentiality of your login details and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. You must be at least 18 years old and using the platform for business purposes.

Trials, subscriptions and billing

We offer a free trial so you can evaluate the platform. After the trial, continued use requires a paid subscription.

• Pricing — subscription fees are set out on our pricing page and scale with your workforce. Month-to-month plans have no long-term lock-in.
• Payment — fees are billed in advance on a recurring basis. You authorise us to charge your chosen payment method.
• Changes — we may change our fees on reasonable notice. Continued use after a change takes effect means you accept the new fees.
• Cancellation — you may cancel at any time; cancellation takes effect at the end of your current billing period.

Acceptable use

You agree not to:

• Use the platform for any unlawful purpose or in breach of these terms.
• Attempt to gain unauthorised access to the platform or other users’ data.
• Interfere with, disrupt or place undue load on our systems.
• Copy, resell or reverse-engineer the platform except where permitted by law.
• Upload malicious code or content that is unlawful, misleading or infringing.

Your data and compliance records

You retain ownership of your Customer Data. You grant us the rights needed to host, process and display that data in order to provide the platform. We handle personal information in accordance with our Privacy Policy.

You are responsible for the accuracy of the data you enter and for ensuring you have the rights to provide it, including information about your workers and subcontractors.

Intellectual property

The platform, including its software, design, content and trademarks, is owned by Cloud SWMS and protected by intellectual property laws. Except for the limited right to use the platform under these terms, no rights are granted to you. You must not use our branding without our written permission.

Third-party integrations

The platform connects to third-party systems such as Simpro, Fergus and AroFlo. Your use of those systems is governed by their own terms, and we are not responsible for their availability, accuracy or conduct. Enabling an integration authorises the exchange of data between that system and Cloud SWMS.

Availability and support

We work hard to keep the platform available and reliable, but we do not guarantee uninterrupted access. We may perform maintenance, update features or suspend access where necessary. We provide support to help you get the most out of the platform through the channels described on our website.

Compliance disclaimer

The platform is provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all warranties not expressly stated in these terms.

Limitation of liability

Nothing in these terms excludes rights you have under the Australian Consumer Law or the New Zealand Consumer Guarantees Act that cannot lawfully be excluded. Subject to those rights, to the maximum extent permitted by law:

• We are not liable for indirect, incidental or consequential loss, including loss of profits, data or business.
• Our total liability arising out of or in connection with the platform is limited to the fees you paid us in the 12 months before the claim.

Termination

You may stop using the platform and cancel your subscription at any time. We may suspend or terminate your access if you breach these terms, fail to pay fees, or where required by law. On termination, your right to use the platform ends. We will make your Customer Data available for a reasonable period so you can export it, after which it may be deleted.

Governing law

These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that state. Where you use the platform in New Zealand, applicable New Zealand consumer laws continue to apply to you.

Changes to these terms

We may update these terms from time to time. The “last updated” date at the top shows when they were last revised. If we make material changes, we will take reasonable steps to notify you. Continued use of the platform after changes take effect means you accept the updated terms.