Terms of Service

1. Introduction

Welcome to APM+. These Terms of Service ("Terms") constitute a legally binding contract between Taui Pty Ltd ("Company", "we", "us", or "our") and you, whether acting personally or on behalf of an entity ("Customer", "User", or "you"), concerning your access to and use of the www.apmplus.io website, web platform, and platform APIs (collectively, the "Service").

By creating an account or accessing the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease using the Service.

2. Eligibility

The Service is intended strictly for business, professional, and enterprise utilisation. By creating an account, you represent and warrant that you are at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these provisions.

3. Accounts and Communication Preferences

• Account Accuracy: You must provide accurate, complete, and current information during registration and keep your account details updated. You are responsible for safeguarding your credentials and for all activities that occur under your account.
• Marketing Communications: Subscribing to newsletters and promotional emails is entirely optional. You may opt into marketing communications during account setup or via account preferences. You may opt out at any time using the "unsubscribe" link or by contacting [email protected]. Account-related transactional and security notifications are mandatory and unaffected by marketing opt-outs.

4. Intellectual Property and Customer Data Ownership

• Our Intellectual Property: The Service, including its proprietary software, architecture, interface, graphics, trademarks, logos, and system code, is the exclusive property of Us and our licensors.
• Customer Data Ownership: The Customer retains sole ownership, title, and intellectual property rights over all data, profiles, spend inventories, spreadsheets, and materials uploaded or submitted to the Service ("Customer Data").
• Licence to Customer Data: The Customer grants Us a limited, non-exclusive, worldwide, royalty-free licence to host, transmit, and process Customer Data strictly as required to operate, maintain, protect, and deliver the Service to the Customer.
• Marketing Publicity Rights: The Company may use the Customer’s corporate name and brand logo on its website or in marketing materials to identify the Customer as a user of APM+. The Customer may revoke this right at any time by sending a written opt-out request to [email protected], and the Company will remove the logo/name within ten (10) business days.

5. Subscriptions, Fees, and Billing

• Pricing: Access to certain features or tiers of the Service requires a paid subscription. All fee structures are disclosed transparently on our pricing pages.
• Billing Cycles: Subscriptions are billed in advance on a recurring monthly or annual basis. Fees are non-refundable except as explicitly stated herein or required by law.
• Taxes: Unless otherwise stated, all fees are exclusive of applicable taxes, levies, or duties (such as GST or VAT), which are the responsibility of the Customer.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international laws or regulations.
• Reverse-engineer, decompile, or attempt to extract the source code of the underlying platform.
• Circumvent or attempt to breach platform security, rate limits, or access controls.
• Upload malicious software, viruses, or code designed to disrupt platform integrity.

7. Service Levels and Enterprise Addenda

• Standard Service: For standard subscription plans, the Company uses commercial efforts to maximise platform uptime and availability. Standard maintenance windows will be scheduled during off-peak hours when possible.
• Enterprise Terms: Enterprise customers requiring specific Service Level Agreements (SLAs), guaranteed uptime thresholds, dedicated support channels, customised data backup frameworks, or custom Data Processing Addenda (DPAs) may execute a separate, overriding Enterprise Agreement with Us.

8. Disclaimers and Limitation of Liability

• Disclaimer: Except as expressly provided in an applicable SLA, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
• Limitation of Liability: To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or loss of profits, revenue, or data. The aggregate liability of Us for any claim arising out of or relating to these Terms shall not exceed the total amount paid by the Customer to the Company for the Service during the twelve (12) months preceding the event giving rise to liability.

9. Indemnification

The Customer agrees to indemnify, defend, and hold harmless the Company and its directors, officers, and employees from and against any third-party claims, damages, liabilities, or costs arising out of the Customer's breach of Section 6 (Acceptable Use) or claims that Customer Data infringes the intellectual property rights of a third party.

10. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. Both parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in Sydney, New South Wales, Australia, for the resolution of any legal proceedings.

11. Termination

• By Customer: You may terminate your account at any time via the billing portal or by contacting support.
• By Company: We reserve the right to suspend or terminate your account upon written notice if you materially breach these Terms and fail to cure such breach within fourteen (14) days, or immediately if your actions present an imminent security or legal risk to the Service.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If modifications are material, we will notify registered users via email or a dashboard alert at least thirty (30) days before the changes take effect. Your continued use of the platform after the effective date constitutes acceptance of the updated terms.

13. Contact Information

For questions regarding these Terms, please contact us at:

• By email: [email protected]