Please read these Terms of Service ("Terms") carefully before using our services. These Terms apply to all users of the services provided by Predico Software Pty Ltd ("we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our services.

 

1. Acceptable Use

a. Prohibited Activities: You agree not to use the services for any illegal, unauthorized, or prohibited purpose, including but not limited to:

i. Violating any applicable laws, regulations, or third-party rights.

ii. Engaging in any activity that could disrupt the integrity or performance of the services.

ii. Attempting to gain unauthorized access to any part of the services or other users' accounts.

iv. Uploading or transmitting any harmful code, viruses, or any other technologies that may damage or interfere with the services or users' data.

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b. Use of AFA for Data Input

i. Use of Advanced Flow Analytics (AFA): As part of our services, you agree to utilize AFA to input your data. AFA is a tool provided by us to assist you in the data input process. You acknowledge and agree that the accuracy and quality of the data input using AFA are your sole responsibility. We do not guarantee the accuracy or completeness of the data input through AFA.

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2. Data Privacy:

a. We may collect, store, and process the data you input using AFA in accordance with our Privacy Policy. By using AFA, you consent to such collection, storage, and processing of your data.

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3. Diagnostic Information

a. Collection of Diagnostic Information: In order to provide better support and improve our services, we may collect diagnostic information about your use of the services. This diagnostic information may include but is not limited to logs, error reports, and usage data. By using our services, you consent to the collection and use of such diagnostic information.

b. Use of Diagnostic Information: The diagnostic information collected will be used solely for the purpose of diagnosing and resolving technical issues, improving our services, and providing support to you. We will handle the diagnostic information in accordance with our Privacy Policy.

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4. Intellectual Property

a. Ownership: All intellectual property rights in the services and any related materials, including but not limited to software, graphics, logos, and trademarks, are owned by or licensed to us. These rights are protected by intellectual property laws and treaties. You agree not to use or reproduce any intellectual property without our prior written consent.

b. Subcontractors: You acknowledge and agree that any subcontractor engaged by you to utilize our services must comply with these Terms of Service and any additional requirements we may specify. Furthermore, you are solely responsible for ensuring that your subcontractor obtains and maintains all necessary licenses and permissions to use our services. We do not authorize or permit subcontractors to use our services on your behalf without obtaining their own licenses and agreeing to abide by these Terms. Failure to comply with these requirements may result in termination of your access to our services.

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5. Termination

a. Termination by You: You may terminate your use of our services at any time by discontinuing your access to the services.

b. Termination by Us: We reserve the right to terminate or suspend your access to the services, without prior notice, for any reason, including but not limited to your violation of these Terms.

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6. Limitation of Liability

a. Disclaimer: Our services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We do not guarantee that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

b. Limitation of Liability: To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use or inability to use our services.

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7. Governing Law

a. These Terms shall be governed by and construed in accordance with the laws of Australia. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.

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8. Modifications to Terms

a. We reserve the right to modify or update these Terms at any time, without prior notice. Any changes to these Terms will be effective immediately upon posting on our website or notifying you through other means of communication.

 

PLEASE NOTE THAT IF YOU SIGN UP TO AFA USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

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These Terms are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access AFA, whichever is earlier (the “Effective Date”). These Terms do not have to be signed in order to be binding. You indicate your assent to these Terms by clicking “I agree” (or similar button or checkbox) at the time you register or use AFA.

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By using our services, you acknowledge and agree to be bound by the most recent version of these Terms.

 

If you have any questions or concerns regarding these Terms, please contact us at support@predico.com.au.

 

Last updated: July 27th 2023