These Terms govern access to and use of:
(collectively, the Platform)
By accessing or using the Platform, you agree to be legally bound by these Terms.
If you access or use the Platform on behalf of an organisation, you warrant that you have authority to bind that organisation.
The parties acknowledge that Pontiq has substantial legitimate business interests requiring protection, including:
All restraints in these Terms are reasonable and necessary to protect those interests.
Confidential Information means all non-public information disclosed by Pontiq, whether oral, written, digital or inferred from use of the Platform, including:
Confidential Information excludes information that:
Customer Data means data uploaded or input by Users.
Pontiq IP means all intellectual property rights in the Platform excluding Customer Data.
All Pontiq IP remains the exclusive property of Pontiq Pty Ltd.
No ownership rights are transferred under these Terms.
Customer Data remains owned by the Customer.
Pontiq retains ownership of:
Pontiq grants a limited, revocable, non-exclusive, non-transferable licence to use the Platform during the subscription term.
No rights are granted beyond those expressly stated.
The Customer must:
Upon termination, Confidential Information must be returned or destroyed upon request.
These obligations survive termination indefinitely.
Pontiq may seek injunctive or equitable relief for breach without proof of damage.
The Customer acknowledges that elements of the Platform constitute trade secrets.
The Customer must not:
This restriction applies only to information derived from the Platform and does not prevent lawful independent development without use of Confidential Information.
To protect Pontiq's legitimate business interests:
During the Term and for the Restraint Period, the Customer must not use Pontiq Confidential Information to develop, commission or assist in developing a product substantially similar in core functionality to the Platform.
Restraint Period (cascading):
The longest enforceable period applies.
This clause is limited to use of Confidential Information and does not prevent lawful competition.
The Customer must not use Confidential Information to bypass Pontiq by directly contracting with third parties introduced by Pontiq for substantially similar services.
If API access is granted, the Customer must not:
Pontiq may suspend API access immediately for misuse or security risk.
The Customer must not:
The Platform uses automated and AI-driven systems.
Outputs are probabilistic and informational only.
The Customer must not rely solely on AI outputs for employment, academic or high-stakes decisions without independent human assessment.
Pontiq does not warrant that outputs are error-free, unbiased or suitable for any specific purpose.
Except as required by law, the Platform is provided "as is".
Pontiq disclaims all implied warranties including fitness for purpose and uninterrupted access.
The Customer indemnifies Pontiq against all claims, losses, damages, penalties and costs arising from:
Nothing excludes rights under the Australian Consumer Law.
To the maximum extent permitted by law:
Pontiq's total liability is limited to the greater of:
Pontiq is not liable for:
The liability cap does not apply to:
Pontiq may suspend access for:
Upon termination:
Pontiq is not liable for delays or failure caused by events beyond reasonable control.
The Customer may not assign rights without consent.
Pontiq may assign to a successor in connection with merger or sale.
These Terms constitute the entire agreement and supersede prior agreements.
If a provision is unenforceable, it is severed to the minimum extent necessary.
Failure to enforce a provision is not a waiver.
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria.