Terms of Service

Version: Australia & New Zealand · Last updated: [DATE] · Effective from: [DATE]

This version applies to customers established in Australia, New Zealand and the Pacific, and to everyone else where no other version applies. The version that governs your organisation is chosen from the country it is registered in, and is shown in Organisation settings → Region.

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1. Who this agreement is between

This agreement is between:

• NethuneX (the "Provider", "we", "us"), ABN 56 137 797 320, a business registered in Queensland, Australia. Contact: support@nethunex.com.
• The Customer ("you", "your") — the organisation that signs an order form for, pays for, or uses the NethuneX service.

By accepting an invitation to an organisation account, signing an order form, or otherwise using the Service, you agree to these Terms on behalf of your organisation.

2. The service

NethuneX is a software-as-a-service maritime operations platform covering vessel management, crew records, planned maintenance, compliance (ISM, MLC, MARPOL, EU ETS, FuelEU Maritime, UK ETS), chartering, bunkering, finance and tracking for shipping operators.

The modules available to you depend on your subscription plan. We may add, change or retire features over time; we will not remove a module you have paid for during a paid term.

3. Your account

3.1. Accounts are created by invitation. The first user of an organisation (the "Owner") has full administrative rights and is responsible for managing every other user in the organisation.

3.2. You are responsible for keeping credentials secure, and for what your users do with the Service. You must tell us immediately at support@nethunex.com if you suspect unauthorised access.

3.3. You must be at least 18 years old and authorised to bind your organisation to this agreement.

4. Subscriptions, fees and billing

4.1. Pricing is set out in your order form or on our website at the time of subscription.

4.2. Fees are payable in advance, monthly or annually depending on your plan, and are exclusive of taxes unless stated otherwise.

4.3. We may change pricing with at least 30 days' written notice. A paid term runs to its end at the agreed price; renewals are at the new price.

4.4. Renewal. Subscriptions renew automatically unless you cancel before the renewal date. You can cancel at any time from Settings → Billing; cancellation takes effect at the end of the current billing period.

4.5. Refunds. No refunds for partial periods, except where the consumer guarantees under the Australian Consumer Law that cannot be excluded require otherwise.

4.6. Demonstrations and pilots. Access we give you for evaluation is provided "as is", for the period and the purpose we agree in writing, and may be ended by either side on notice.

5. Your data

5.1. You own your data. Everything you put into NethuneX — vessel records, crew records, incident reports, payroll, documents, connected email — remains your property.

5.2. We process your data on your behalf as a processor (service provider) under the Privacy Policy and the Data Processing Agreement, which form part of these Terms.

5.3. You can export your data at any time from the app. On termination we keep your data for 30 days so you can export it, then permanently delete it, subject to any legal retention obligation.

5.4. Backups run daily for our own resilience and are retained according to our hosting plan. They are not a customer-facing recovery feature unless your order form says so.

5.5. AI features. Where you use an AI feature, the operational data the request refers to is sent to an AI model provider, described in the Privacy Policy and named in the Data Processing Agreement, for the duration of the request. The AI assistants belong to the Intelligence module; if you do not want them, tell us and we will remove the module from your plan.

6. Acceptable use

You must not:

• Use NethuneX for an unlawful purpose, or to breach sanctions.
• Reverse-engineer, decompile, or attempt to extract the source code.
• Probe, scan or test the security of the Service without our written permission.
• Resell or sublicense the Service without a partner agreement.
• Upload malware or content that infringes someone else's rights.
• Impersonate another user or organisation.
• Use the Service to make decisions about a person that the law requires a human to make.

We may suspend access for a serious breach; we will warn you first unless the breach is critical.

7. Intellectual property

7.1. The Service — software, design, documentation — is owned by NethuneX. Third-party components are used under their own licences, listed in our NOTICE file.

7.2. Your data is yours.

7.3. Feedback you give us (suggestions, bug reports) we may use freely without obligation.

8. Service availability

8.1. We aim for high availability but do not guarantee uninterrupted service. We may take the Service down for maintenance, security incidents or vendor failures, and will give notice of planned maintenance where we can.

8.2. The Service runs on third-party infrastructure (described in the Privacy Policy; the providers are named in the Data Processing Agreement's sub-processor list). Their failures may affect availability.

8.3. No formal service-level agreement is included in these Terms. If you need uptime commitments, ask us for an SLA schedule to your order form.

9. Liability

9.1. The Service is provided "as is" to the extent the law allows. We make no warranties beyond the consumer guarantees under the Australian Consumer Law that cannot be excluded.

9.2. Our total liability to you under this agreement is capped at the fees you paid us in the 12 months before the claim arose.

9.3. We are not liable for indirect or consequential loss, including lost profit, business interruption, or loss of data where you did not export or back it up as these Terms allow.

9.4. Nothing in these Terms limits the consumer guarantees under the Australian Consumer Law that cannot be excluded, or liability for fraud or wilful misconduct.

9.5. Regulatory responsibility. NethuneX records and calculates; your organisation remains the party responsible for every regulatory submission (for example an EU ETS or FuelEU report, a rest-hours record or a port-state inspection). You must check a calculation before relying on it.

10. Confidentiality

10.1. Each party will keep the other's confidential information confidential and use it only for this agreement.

10.2. We will not access your operational data except to provide and support the Service, or as the law requires. Support access is logged and time-limited.

11. Termination

11.1. You can cancel at any time from Settings → Billing.

11.2. We can terminate for serious breach (after 14 days' written notice and an opportunity to cure) or for non-payment (after 14 days overdue).

11.3. On termination you have 30 days to export your data. After that we permanently delete it, subject to any legal retention obligation.

12. Governing law

12.1. This agreement is governed by the laws of Queensland, Australia.

12.2. the courts of Queensland, Australia have jurisdiction over any dispute.

13. Changes to these terms

13.1. We may update these Terms from time to time.

13.2. Material changes — at least 30 days' email notice plus an in-app banner.

13.3. Continued use after the effective date means you accept the updated Terms. If you do not, you may cancel before that date and we will refund any prepaid fees for the unused part of your term.

14. Contact

support@nethunex.com — for legal, billing and support questions.