Terms of Service

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms:

• Account means a unique account created for you to access the Service or parts of the Service, managed through our authentication provider.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• AI Features means the features of the Service that use artificial intelligence to generate, refine, simulate or otherwise assist with workflows and related content based on the descriptions and instructions you provide.
• Company (referred to as either "the Company", "We", "Us" or "Our" in these Terms) refers to Assess.one Technologies Pty Ltd, 715/2B Defries Avenue, Sydney, NSW, Australia.
• Content or Data refers to content such as text, images, files, workflow definitions or other information that can be created, uploaded, submitted, stored, linked to or otherwise made available by you within your Workspace or through the Service.
• Device means any device that can access the Service, such as a computer, a mobile phone or a digital tablet.
• Feedback means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of the Service.
• Free Plan means a plan that provides limited access to the Service at no charge, subject to the usage allowances published on our pricing page.
• Free Trial means a limited period of time during which a paid Subscription may be offered free of charge.
• Integration (or Connected Account) means a third-party service or account that you choose to connect to the Service — such as an email, SMS or payment provider — using your own credentials, to extend the functionality of your workflows.
• Operations means the billable units of workflow activity consumed within your Workspace, as described on our pricing page and in your billing settings.
• Service refers to the Website and the assess.one application, together with all related features, including the AI Features and Integrations.
• Subscription refers to the paid access to the Service offered on a subscription basis by the Company to you.
• Terms means these Terms of Service that form the entire agreement between you and the Company regarding the use of the Service.
• Third-party Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included, connected to or otherwise made available through the Service.
• Website refers to assess.one, accessible at https://assess.one .
• Workspace refers to the logical environment within the Service where your Content and Data are stored and where you and your authorised users interact with the Service.
• You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

You represent that you are over the age of 16. The Company does not permit those under 16 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy, available at https://assess.one/privacy . Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Service, and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Service.

Using the Service Before You Sign Up

Parts of the Service can be used before you create an Account — for example, you can describe a process and generate and preview a workflow without signing up. When you create an Account, a workflow you generated beforehand may be saved to your Workspace so you can continue working with it.

Such use is subject to these Terms. The Company may apply reasonable limits to use that occurs before sign-up in order to protect the availability, integrity and security of the Service.

Plans, Subscriptions and Billing

Plans and billing period

The Service is offered under a Free Plan and paid Subscription plans. Paid plans are billed in advance on a recurring and periodic basis (monthly, annually, or as otherwise agreed), depending on the plan you select. Fees are quoted in United States Dollars (USD) unless stated otherwise.

At the end of each period, your Subscription will automatically renew under the same conditions unless you cancel it or the Company cancels it.

Usage allowances

Each plan includes allowances for usage — such as Operations, AI workflow generations and team members — as described on our pricing page and in your billing settings. If you reach or exceed your plan’s allowances, the relevant functionality may be limited until the next billing period, or you may be required to upgrade, in accordance with the then-current pricing.

Subscription cancellations

You may cancel your Subscription renewal either through your Workspace billing settings or by contacting the Company. You will not receive a refund for fees already paid for your current Subscription period, and you will be able to access the paid Service until the end of your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information and a valid payment method. Payments are processed by our third-party payment processor; the Company does not store your full payment card details.

Should automatic billing fail to occur for any reason, the Company will issue an electronic notice indicating that payment has failed and will re-attempt payment in accordance with its billing and dunning process. Where payment cannot be successfully processed after those attempts, your Subscription may be cancelled, and your Workspace and its associated data may be permanently deleted 30 days after the initial payment failure date.

Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the fee change comes into effect constitutes your agreement to pay the modified amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Certain refund requests may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Plan and Free Trial

The Company may offer a Free Plan and may, at its sole discretion, offer Free Trials of paid plans for a limited period of time. If you enter billing information when starting a Free Trial, you will not be charged until the Free Trial has expired; on the last day of the Free Trial period, unless you have cancelled, you will be automatically charged the applicable fees for the plan you selected. At any time and without notice, the Company reserves the right to modify the terms of, or cancel, any Free Plan or Free Trial offer.

User Accounts

When you create an Account with us, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your Account.

You are responsible for safeguarding the credentials that you use to access the Service and for any activities or actions under your Account, whether with our Service or a Third-party Service.

Multi-factor authentication (MFA/2FA) using SMS or an authenticator app (for example, Google or Microsoft Authenticator) is available when you sign up or from your account settings, and is strongly recommended to help secure your Account.

You agree not to disclose your credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your Account.

You may not use as a username the name of another person or entity, or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Content and Data Supplied by You

The Service is a powerful platform that enables you to create, store and operate workflows. This includes workflows that are accessible to authenticated users in your Workspace, as well as external forms that may be accessible to people on the internet.

The Company is not responsible for the Content of the Service’s users. You expressly understand and agree that you are solely responsible for the Content, workflow processes, workflow security and workflow data protection that you create, and for all activity that occurs under your Account or within your Workspace, whether by you or by any other person with access to your Account or Workspace.

You represent, warrant and agree that no Content or Data input or created by you, or by any other person with access to your Account or Workspace, violates or infringes the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), breaches or conflicts with any obligation such as a confidentiality obligation, or contains libellous, defamatory or otherwise unlawful material.

You may not use the Service to transmit any Content or workflow process that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national or ethnic origin, or other targeted groups.
• Spam; machine- or randomly-generated content; unauthorised or unsolicited advertising; chain letters; any other form of unauthorised solicitation; or any form of lottery or gambling.
• Content containing or installing any viruses, worms, malware, trojan horses or other content designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment, or to damage or obtain unauthorised access to any data or other information of a third person.
• Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• Content impersonating any person or entity, including the Company and its employees or representatives.
• Content violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to determine in its sole discretion whether any Content is appropriate and complies with these Terms, and to refuse or remove that Content. The Company may also limit or revoke your use of the Service if you transmit objectionable Content. As the Company cannot control all content created by users or third parties, you agree to use the Service at your own risk.

Integrations and Connected Accounts

The Service lets you connect third-party accounts — such as email, SMS and payment providers — using your own credentials, in order to send messages, collect payments and otherwise extend your workflows.

• You are responsible for obtaining and maintaining your own accounts with those providers and for complying with their terms and policies.
• You authorise the Company to use the credentials you provide solely to operate the Integrations you configure. Integration credentials are stored encrypted.
• You are responsible for all activity, messages, charges and payments made through your Connected Accounts — whether initiated by you, your authorised users or your workflows.
• You must ensure that any messages, payment requests or other communications sent through your Connected Accounts comply with all applicable laws (including anti-spam, telemarketing, consumer, payments and privacy laws) and that you have obtained any consents required from recipients.
• The Company is not responsible for the availability, accuracy or acts of any third-party provider and is not liable for any loss arising from their services, or from any communication or payment sent through your Connected Accounts.

AI Workflow Generation

The Service uses artificial intelligence to help you generate, refine and simulate workflows and related content from the descriptions and instructions you provide. By using the AI Features, you acknowledge and agree:

• AI-generated output may be inaccurate, incomplete or unexpected. You must thoroughly review and test any workflow generated by the AI Features — for accuracy, safety, correct functionality, legal compliance and a positive user experience — before relying on it or using it in production.
• Workflows you generate are created within your Workspace and, once published, become accessible to users in your Workspace who have the applicable permissions.
• AI processing is carried out on our behalf by third-party AI service providers.
• The prompts, instructions and related inputs you submit to the AI Features may be retained by the Company or its service providers to operate, secure, evaluate and improve the Service.
• You must not use the AI Features to generate workflows or content for any unlawful purpose, that could cause harm to people or animals, or that infringes the rights of others.
• You represent that you have the rights and permissions necessary for any intellectual property or data you submit to the AI Features.
• The AI Features are updated frequently, which may change their behaviour or output.

To the maximum extent permitted by law, the Company provides no guarantee, warranty or assurance in relation to any output, response or workflow generated by the AI Features. You are responsible for how you use that output.

Data Hosting

Your Workspace Content and Data are hosted on cloud infrastructure provided by our third-party hosting providers, currently in the Asia Pacific (Sydney) region.

Certain data — including information used for authentication, billing and AI processing — may be processed or stored by our service providers in other locations and may be subject to the laws of those jurisdictions.

You are responsible for ensuring that your use of the Service, and the Content and Data you store or process through it, complies with the laws applicable to you.

Prohibited Conduct

You must not, and must not attempt to, and must not permit or encourage any third party to:

• gain unauthorised access to the Service, any account or Workspace, or any of the underlying systems, servers, networks or data;
• probe, scan or test the vulnerability of the Service, or breach, circumvent or defeat any authentication, rate-limiting, or security or access-control measure;
• interfere with, disrupt, degrade or overload the Service or its infrastructure, including by denial-of-service attacks or by introducing malware or malicious code;
• reverse engineer, decompile or disassemble any part of the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• use any automated means (such as bots, scrapers or crawlers) to access or extract data from the Service other than as expressly permitted; or
• conduct any security research or testing against the Service without our prior written consent.

If you discover or suspect any security vulnerability, defect or unauthorised access, you must contact us at support@assess.one in the first instance, and must not exploit it, publicly disclose it, or share it with any third party before we have had a reasonable opportunity to address it.

Security

The Service is designed and built to provide a high degree of security and security guidance for all users. You agree to:

• not share any aspect of your login credentials with any other third party or individual;
• abide by all security measures and recommendations, including the use of multi-factor authentication (MFA/2FA) to secure your Account; and
• keep the credentials for any Connected Account secure and use Integrations only in accordance with the relevant provider’s terms.

Data Backups

Although regular backups of data are performed, the Company does not guarantee that there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, data that is corrupted before being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect backups of data, but you acknowledge that the Company has no liability related to the integrity of data or the failure to successfully restore data to a usable state. You agree to maintain a complete and accurate copy of any Data in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content transmitted or published on the Service infringes a copyright or other intellectual property right of any person. If you are a copyright owner, or authorised on behalf of one, and you believe that copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, you must submit your notice in writing to support@assess.one and include a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and legal fees) for misrepresenting that any Content is infringing your copyright.

DMCA Notice and Procedure

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed, including the URL or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
• Your address, telephone number and email address.
• A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent or the law.
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact our copyright agent by email at support@assess.one . Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark and other applicable laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all right, title and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services. We strongly advise you to read the terms and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service and cancel your Subscription. On termination of your Account, all associated Workspace data will be automatically deleted 30 days after the date of your Account termination and cannot be recovered.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you through the Service, or 100 USD if you have not purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury or loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software or hardware used with the Service, or otherwise in connection with any provision of these Terms, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In those jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.

Mandatory Consumer Rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under any law that cannot lawfully be excluded, restricted or modified (including, where applicable, the Australian Consumer Law). Where our liability for a failure to comply with such a guarantee can be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having the relevant services resupplied.

"As Is" and "As Available" Disclaimer

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects, without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limiting the foregoing, neither the Company nor any of its providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products included on it; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set out in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of New South Wales, Australia, excluding its conflict-of-law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

International Use

The Service is available to organisations and individuals in many countries around the world. We make no representation that the Service, or any Content available through it, is appropriate or available for use in every location. You access and use the Service on your own initiative and are responsible for compliance with all laws applicable to you, including the laws of the country or region from which you access the Service.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.

Export Controls and Sanctions

Your use of the Service must comply with all applicable export control and economic sanctions laws, including those administered by the United States, the European Union, the United Nations, the United Kingdom and Australia. You represent and warrant that: (i) you are not located in, ordinarily resident in, or accessing the Service from or for the benefit of, any country or territory that is subject to comprehensive government sanctions or embargoes; (ii) you are not identified on any applicable list of prohibited, sanctioned or restricted parties; and (iii) you will not use the Service for any purpose prohibited by applicable export control or sanctions laws.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation

These Terms may have been translated if we have made them available to you in more than one language. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

Contact Us

If you have any questions about these Terms, you can contact us:

• By email: support@assess.one