Effective Date: 1 January 2025
1. Agreement to Terms
By accessing or using the services provided by WiseMe Pty Ltd (ABN: 35 674 642 918, ACN: 674 642 918) ("WiseMe", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
2. Description of Services
WiseMe provides IoT (Internet of Things) solutions including but not limited to:
- Custom software development for IoT devices
- Mobile application development
- Data management and analytics platforms
- IoT consulting and integration services
- Maintenance and support services
3. Use of Services
3.1 Eligibility
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. If you are using our services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
3.2 Account Registration
To access certain services, you may need to create an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorised access
- Be responsible for all activities under your account
3.3 Acceptable Use
You agree not to use our services to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Transmit malicious code or interfere with our systems
- Engage in fraudulent or deceptive practices
- Harvest or collect data without permission
- Reverse engineer our software or services
4. Intellectual Property
4.1 Our Intellectual Property
All content, software, and technology provided through our services remain the property of WiseMe or our licensors. This includes but is not limited to code, designs, documentation, and trademarks.
4.2 Client Intellectual Property
You retain ownership of any pre-existing intellectual property you provide to us. You grant us a limited license to use such materials solely for the purpose of providing our services to you.
4.3 Deliverables
Unless otherwise agreed in writing, all deliverables created specifically for you become your property upon full payment. We retain the right to use general methodologies, concepts, and know-how developed during our engagement.
5. Payment Terms
- Payment terms are as specified in your service agreement or invoice
- All fees are in Australian dollars unless otherwise specified
- Late payments may incur interest charges as permitted by law
- You are responsible for all taxes related to your purchase
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.
7. Warranties and Disclaimers
7.1 Our Warranties
We warrant that our services will be performed in a professional and workmanlike manner.
7.2 Disclaimers
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
9. Indemnification
You agree to indemnify and hold WiseMe harmless from any claims, damages, losses, and expenses (including legal fees) arising from your use of our services or violation of these Terms.
10. Term and Termination
- These Terms remain in effect until terminated
- Either party may terminate for material breach with written notice
- We may suspend or terminate services immediately for violations of acceptable use
- Upon termination, you must cease using our services and pay any outstanding fees
11. Dispute Resolution
Any disputes arising from these Terms shall be resolved through good faith negotiations. If unsuccessful, disputes shall be submitted to mediation in Victoria, Australia. If mediation fails, disputes shall be resolved in the courts of Victoria.
12. General Provisions
12.1 Governing Law
These Terms are governed by the laws of Victoria, Australia.
12.2 Entire Agreement
These Terms, together with any service agreements, constitute the entire agreement between you and WiseMe.
12.3 Amendments
We may modify these Terms at any time. We will notify you of material changes, and your continued use of our services constitutes acceptance of the modified Terms.
12.4 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
12.5 Assignment
You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.
13. Contact Information
For questions about these Terms of Service, please contact us at:
WiseMe Pty Ltd
Email: info@wiseme.com.au
Phone: +61 3 7074 5432
Address: Melbourne, Australia