Terms of Service

In these Terms: "AxionSite", "we", "us", and "our" mean Protocol Labs (ABN 49 634 013 629), a sole trader business trading as AxionSite. "You" and "your" mean the individual or entity using the Service. "Customer Data" means any data, text, images, or materials you submit to the Service. "Outputs" means any permits, SWMS, JHA, toolbox talks, risk assessments, guidance references, or other materials produced by the Service, including those generated with the assistance of artificial intelligence. "PCBU" means Person Conducting a Business or Undertaking as defined in the Work Health and Safety Act 2011 (Cth) or equivalent state and territory legislation. "Competent Person" means a person who has acquired, through training, qualification, or experience, the knowledge and skills to carry out the relevant task in accordance with applicable WHS laws. "Derived Data" means data that is aggregated, anonymised, or de-identified such that it does not identify any individual or organisation, derived from Customer Data, Outputs, or usage of the Service.

AxionSite provides a software-as-a-service platform for workplace health and safety (WHS) workflows, including AI-assisted generation of safe work method statements (SWMS), permits, job hazard analyses (JHA), toolbox talks, risk matrices, and related compliance materials. The Service references Australian legislation, codes of practice, Australian/New Zealand Standards, and regulatory guidance. Features, availability, and pricing are as described on our website and may change with reasonable notice.

The Service is a productivity tool. It is not a substitute for qualified safety professionals. It is not professional WHS, legal, engineering, or other professional advice. It is not a WHS consulting service.

The PCBU retains full, non-delegable responsibility for ensuring that any materials produced using the Service meet the requirements of applicable Work Health and Safety legislation.

Using AxionSite does not transfer, reduce, or satisfy the PCBU's primary duty of care under the Work Health and Safety Act 2011 (Cth) or equivalent state and territory legislation, including but not limited to the duty to ensure, so far as is reasonably practicable, the health and safety of workers and others at the workplace.

The PCBU must:

(a) not rely solely on AI-generated Outputs;
(b) ensure all SWMS and related documents are adequate for the specific workplace, tasks, environment, and hazards involved;
(c) develop and review SWMS in consultation with workers as required by law;
(d) have all AI-generated content reviewed, customised, and verified by a Competent Person for accuracy, completeness, and site-specific conditions before use;
(e) maintain and update documents as workplace conditions change; and
(f) comply with all applicable WHS laws, codes of practice, and Australian Standards regardless of any content generated by the Service.

4.1 Nature of Outputs. The Service uses artificial intelligence (AI), including large language models, to assist in generating WHS compliance materials. These Outputs are produced using then-current information, regulatory references, and machine learning models that may contain errors, omissions, hallucinations, or inaccuracies. All Outputs are provided for informational and operational convenience only and do not constitute legal, WHS, engineering, medical, or other professional advice of any kind.

4.2 Mandatory verification. You acknowledge and agree that all Outputs must be reviewed and verified by a Competent Person qualified under applicable WHS legislation before any reliance upon or use of such Outputs in the workplace. AxionSite does not warrant that Outputs are complete, current, accurate, free from error, or suitable for your specific circumstances, site, industry, or activities. You are solely responsible for ensuring that all materials used in connection with your work activities are appropriate, compliant, and verified.

4.3 No reliance. You must not rely on the Service or any Outputs as a substitute for professional advice, independent assessment, or competent human review. AI-generated content should be treated as a starting point and draft only.

4.4 Exclusion of liability for unverified Outputs. To the maximum extent permitted by law, AxionSite excludes all liability for any loss, damage, injury, death, regulatory penalty, prosecution, or other consequence arising from: (a) your use of or reliance on unverified Outputs; (b) your failure to have Outputs reviewed and verified by a Competent Person; (c) any inaccuracy, error, or omission in AI-generated content; or (d) your failure to comply with applicable WHS laws.

You may need to register an account to access certain features. You must provide accurate and complete information and keep it current. 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 of any unauthorised access or security breach. We may suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

You must use the Service only in accordance with these Terms and all applicable laws and regulations. You must not:

(a) use the Service for any illegal, fraudulent, or unauthorised purpose;
(b) attempt to gain unauthorised access to the Service, other accounts, or our systems or networks;
(c) interfere with, disrupt, or impose an unreasonable burden on the Service or its infrastructure;
(d) use the Service to generate or distribute harmful, misleading, defamatory, or unlawful content;
(e) resell, sublicense, redistribute, or commercially exploit the Service or Outputs except as expressly permitted by your subscription plan;
(f) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent permitted by law;
(g) use automated tools (bots, scrapers, crawlers) to access the Service, except with our prior written consent;
(h) upload or transmit viruses, malware, or other harmful code;
(i) use the Service to develop a competing product or service; or
(j) remove, obscure, or alter any proprietary notices, branding, or attribution from the Service or Outputs.

We may suspend or terminate your access immediately for breach of this Section, without liability to you.

7.1 Our IP. We own all rights, title, and interest in and to the Service, including its software, algorithms, AI models, design, branding, documentation, and all related intellectual property. Nothing in these Terms transfers any ownership of our IP to you.

7.2 Your licence to use the Service. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service for your internal business purposes during your subscription term.

7.3 Customer Data. You retain ownership of Customer Data you submit. You grant us a worldwide, royalty-free, non-exclusive licence to use, store, copy, process, and display your Customer Data as reasonably necessary to: (a) provide, operate, and deliver the Service to you; (b) provide customer support; (c) comply with applicable laws; and (d) improve and develop the Service (including training and improving AI models), provided that any use for purpose (d) shall be on an aggregated, anonymised, or de-identified basis only except with your express consent.

7.4 Outputs. Subject to your compliance with these Terms, you may use Outputs generated for your account for your own internal business purposes. We retain a royalty-free licence to use Outputs in aggregated, anonymised, or de-identified form for product improvement, benchmarking, research, and training purposes.

7.5 Derived Data. We own all Derived Data and may use it for any lawful purpose without restriction, including product improvement, analytics, benchmarking, research, and marketing.

7.6 Feedback. If you provide suggestions, ideas, feedback, or recommendations about the Service ("Feedback"), you grant us an irrevocable, perpetual, royalty-free, worldwide licence to use, modify, and incorporate such Feedback into the Service without obligation or compensation to you.

8.1 Fees. Fees for the Service are as displayed on our pricing page and in your order or plan. You agree to pay all applicable fees when due. All amounts are in Australian dollars (AUD) unless otherwise stated. Payments are processed securely via Stripe. We may suspend or terminate access for non-payment after reasonable notice.

8.2 Billing cycles. Subscription fees are billed in advance on the billing cycle applicable to your plan. Monthly plans are billed each month. Annual plans are billed once per year for the full 12-month term.

8.3 Cancellation. You may cancel your subscription at any time through your account settings or by contacting us. If you cancel a monthly plan, you retain access to the Service until the end of your current monthly billing period, after which your subscription will not renew. If you cancel an annual plan, you retain access to the Service until the end of your current annual term, after which your subscription will not renew. Cancellation does not take effect mid-cycle — you will continue to have access for the remainder of the period you have already paid for.

8.4 No refunds. All fees are non-refundable. This includes, without limitation: (a) monthly subscription fees for the remainder of a billing month after cancellation; (b) annual subscription fees for the remainder of an annual term after cancellation — no pro-rata or partial refunds are provided for unused portions of an annual plan; (c) fees for any period during which your account was suspended due to breach of these Terms; and (d) any AI generation credits, overage charges, or add-on fees. By subscribing to an annual plan, you acknowledge and agree that you are committing to pay for the full 12-month term and that no refund will be issued if you choose to stop using the Service before the term expires.

8.5 Australian Consumer Law. Nothing in this Section excludes your rights under the Australian Consumer Law. If the Service fails to meet a consumer guarantee, you may be entitled to a remedy (including a refund) as required by law, regardless of this no-refund policy.

8.6 Price changes. We may change fees with at least 30 days' written notice before your next billing cycle. Your continued use of the Service after the fee change takes effect constitutes acceptance. If you do not agree with a price change, you may cancel before the new pricing takes effect.

9.1 Plan limits. Each subscription plan includes defined usage allowances, which may include limits on the number of AI generations, document exports, API calls, storage, connected users, or other resource metrics as described on our pricing page or in your plan details ("Usage Limits"). You agree to use the Service within the Usage Limits applicable to your plan.

9.2 Right to set and modify limits. We reserve the right, in our sole discretion, to set, adjust, increase, or decrease Usage Limits for any plan or any individual account at any time. Where a change to Usage Limits materially reduces the allowances of your current plan, we will use reasonable efforts to provide you with at least 14 days' notice via email or in-product notification before the change takes effect. Changes required to maintain system stability, prevent abuse, or comply with third-party provider constraints may take effect immediately.

9.3 Fair use. All plans are subject to a fair use policy. You must not use the Service in a manner that is disproportionate to the intended use of your plan tier, that places excessive or unreasonable load on our infrastructure, or that is designed to circumvent Usage Limits (including by creating multiple accounts, automating requests beyond normal use, or exploiting lower-tier pricing for enterprise-scale workloads). We may compare your usage patterns against those of comparable accounts to determine whether usage is consistent with fair use.

9.4 Monitoring. We monitor usage of the Service for security, operational, billing, and fair use purposes. You consent to this monitoring as a condition of using the Service.

9.5 Consequences of exceeding limits. If your usage exceeds, or we reasonably anticipate it will exceed, the Usage Limits or fair use expectations for your plan, we may, at our sole discretion and without liability:

(a) notify you and request that you reduce usage or upgrade to an appropriate plan;
(b) throttle, rate-limit, or temporarily restrict access to specific features or AI generation capabilities;
(c) apply overage charges at our then-current rates (with prior notice of the applicable rates);
(d) suspend your account or specific functionality until the next billing cycle or until the issue is resolved; or
(e) terminate your account in accordance with Section 14.

9.6 No rollover. Unless expressly stated in your plan, unused AI generation credits, quotas, or allowances do not carry over between billing periods and expire at the end of each billing cycle. Credits are non-transferable, may not be sold, traded, or exchanged for monetary value, and may not be shared between accounts.

9.7 Account suspension and closure. Without limiting any other rights under these Terms, we reserve the right to suspend, pause, restrict, or permanently close any account at any time, in our sole discretion, for any reason we consider appropriate, including but not limited to:

(a) actual or suspected breach of these Terms, including the fair use and acceptable use provisions;
(b) usage patterns that are inconsistent with the intended scope of your plan tier;
(c) activity that poses a risk to the security, integrity, or availability of the Service for other users;
(d) non-payment or payment disputes;
(e) requests or requirements from law enforcement or regulatory authorities; or
(f) operational, commercial, or risk management reasons.

Where practicable and not prohibited by law, we will provide notice and an opportunity to remedy the issue before permanent closure. However, you acknowledge that immediate action without prior notice may be necessary in urgent or serious cases. Any suspension, restriction, or closure under this Section does not entitle you to a refund except as required under the Australian Consumer Law.

Each party agrees to keep confidential any non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party without restriction; (c) is independently developed without reference to the disclosing party's information; or (d) is received from a third party without restriction. Disclosure is permitted where required by law, provided the disclosing party is notified where legally permitted.

11.1 The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and reliability.

11.2 We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from the Service will be accurate, reliable, or complete; (c) any defects will be corrected; or (d) the Service or its servers are free of viruses or other harmful components.

11.3 The disclaimers in Section 4 (AI-Generated Outputs) apply in addition to this Section and are not limited by the general disclaimers herein.

11.4 We do not endorse and are not responsible for any third-party services, products, or content accessed through or linked from the Service.

11.5 Beta and preview features. We may offer features designated as "beta", "preview", "experimental", or similar. Such features are provided "as is" without warranty or support commitment, may contain bugs, may change or be discontinued at any time, and should not be relied upon for production or critical safety workflows.

12.1 To the maximum extent permitted by law:

(a) our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total fees actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or AUD $100, whichever is greater;

(b) we shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, whether or not we were advised of the possibility of such damages; and

(c) without limiting Section 4.4, we are not liable for any workplace incidents, injuries, deaths, regulatory penalties, prosecutions, infringement notices, improvement notices, prohibition notices, or enforcement actions arising from or related to the use of SWMS, permits, or any other Outputs generated through the Service, including where such Outputs were used without verification by a Competent Person.

12.2 Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded, restricted, or modified by agreement. To the extent our liability cannot be excluded, it is limited (at our option) to: (a) re-supply of the services; or (b) payment of the cost of having the services re-supplied.

You agree to indemnify, defend, and hold harmless AxionSite, its directors, officers, employees, contractors, and agents ("AxionSite Parties") from and against all claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees and costs) arising out of or in connection with:

(a) your use of, or inability to use, the Service;
(b) your breach of these Terms or any applicable law;
(c) your Customer Data or your use of Outputs in the workplace or otherwise;
(d) any workplace incident, injury, death, near miss, or property damage related to materials you created, modified, exported, or used from the Service;
(e) any failure by you, your workers, contractors, or personnel to obtain appropriate verification of Outputs by a Competent Person;
(f) any failure by you to comply with applicable WHS laws, codes of practice, or Australian Standards;
(g) any regulatory investigation, prosecution, penalty, infringement notice, or enforcement action relating to your workplace or activities; or
(h) any claim by a third party arising from your use of the Service or Outputs.

This indemnity survives termination and is in addition to (and does not limit) any other remedy available to the AxionSite Parties.

14.1 By you. You may cancel your subscription and stop using the Service at any time through your account settings. Upon cancellation, you retain access until the end of your current billing period.

14.2 By us. We may suspend or terminate your access immediately, without prior notice and without liability, if: (a) you breach these Terms (including the usage limits and fair use provisions in Section 9); (b) you engage in fraudulent, abusive, or illegal activity; (c) your account is inactive for an extended period; (d) continued provision would expose us to legal liability or would be impracticable; or (e) in accordance with our rights under Section 9.7. We may also terminate your account for any reason upon 30 days' written notice.

14.3 Effect of termination. On termination, your licence to use the Service ceases immediately. You may request export of your Customer Data within 30 days of termination, after which we may delete it. Provisions that by their nature should survive termination — including Sections 1, 3, 4, 7, 9, 10, 11, 12, 13, 16, and 17 — will survive.

We strive to provide reliable and continuous service but do not guarantee uninterrupted availability. We may perform scheduled maintenance, deploy updates, or modify the Service to improve functionality. We are not liable for temporary interruptions, downtime, or performance degradation caused by maintenance, technical issues, third-party service failures, or circumstances beyond our reasonable control.

16.1 Governing law. These Terms are governed by and construed in accordance with the laws of New South Wales, Australia.

16.2 Good faith negotiation. Before commencing any formal proceedings, the parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation for a period of at least 30 days from written notice of the dispute.

16.3 Mediation. If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) or another mutually agreed mediator, before commencing court proceedings.

16.4 Jurisdiction. Subject to the above, you submit to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia. If you are a consumer under the Australian Consumer Law, you may have rights to bring proceedings in your local jurisdiction; nothing in these Terms limits those rights.

16.5 Injunctive relief. Nothing in this Section prevents either party from seeking urgent injunctive or equitable relief from any court of competent jurisdiction.

We are not liable for any delay or failure in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, sanctions, war, terrorism, civil unrest, power outages, telecommunications failures, cyberattacks, or third-party service provider failures. During a force majeure event, our obligations are suspended for the duration of the event.

18.1 Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy, and any order form or plan details, constitute the entire agreement between you and AxionSite relating to the Service and supersede all prior or contemporaneous understandings, agreements, or representations.

18.2 Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

18.3 Waiver. No failure or delay by AxionSite in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right is only effective if given in writing and signed by AxionSite, and applies only to the specific instance.

18.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms or any of our rights or obligations to any affiliate or successor entity without your consent, provided the assignee assumes our obligations.

18.5 Notices. Notices to you may be sent to the email address associated with your account. Notices to us should be sent via our Contact page or the contact details on our website. Notices are deemed received when sent by email (on the next business day).

18.6 Electronic communications. By using the Service, you consent to receiving communications from us electronically (email, in-product notifications, website postings). You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18.7 No third-party beneficiaries. These Terms do not confer any rights on any person or entity other than the parties hereto, except for the indemnified AxionSite Parties in Section 13.

18.8 Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and AxionSite.

We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we will provide at least 30 days' notice via email or prominent in-product notification before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service before the effective date.

For questions about these Terms, contact us via our Contact page or at the details provided on our website. Protocol Labs (ABN 49 634 013 629), trading as AxionSite, Sydney, New South Wales, Australia.