This policy is provided for review and must be confirmed by legal counsel before public launch.
These Terms of Service govern your access to and use of the Airfree platform, products, applications, and services. By creating an account or using any Airfree service, you agree to be bound by these terms.
1. About these terms
The Airfree platform is operated by Airfree Services Pty Ltd (ABN 12 345 678 901), the intellectual-property and infrastructure holding company of the Airfree group of companies, together with its trading subsidiaries — Airfree Geospatial Pty Ltd, Airfree Maps Pty Ltd, Airfree Mail Pty Ltd, Airfree Clouds Pty Ltd and Airfree Government Pty Ltd (collectively "Airfree", "we", "us" or "our"). These Terms of Service (the "Terms") form a binding agreement between you and Airfree.
These Terms apply to every product and service we make available, including our geospatial and mapping platforms, cloud and email services, developer APIs, and any related websites, applications, or documentation (together, the "Services"). Where a Service has additional product-specific terms, those terms apply in addition to these Terms and prevail to the extent of any inconsistency for that Service.
If you use the Services on behalf of an organisation, you represent that you are authorised to bind that organisation, and "you" refers to that organisation.
2. Acceptance and changes
You accept these Terms by creating an account, clicking to accept, or by accessing or using any Service. If you do not agree, you must not use the Services.
We may amend these Terms from time to time — for example to reflect new features, legal or regulatory requirements, or changes to how the Services operate. We will post the updated Terms with a revised "last updated" date and, where the changes are material, take reasonable steps to notify you in advance. Your continued use after an update takes effect constitutes acceptance of the amended Terms.
3. Accounts and eligibility
To access most Services you must register for an account through our single sign-on identity provider. You must provide accurate information, keep it current, and be at least 18 years of age (or the age of majority in your jurisdiction).
You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. You must notify us promptly of any unauthorised access or suspected security breach affecting your account.
4. Acceptable use
Your use of the Services is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. In summary, you must not misuse the Services, interfere with their operation or security, infringe the rights of others, or use them for unlawful purposes.
5. Subscriptions, fees and taxes
Paid Services are provided on the subscription plan, term, and pricing set out in your order or the applicable product page. Unless stated otherwise, fees are quoted exclusive of GST and other applicable taxes, which you are responsible for paying.
Fees are billed in advance for the subscription term and, unless you cancel before renewal, subscriptions renew automatically for successive terms at the then-current rate. Except where required by law, fees are non-refundable. We may change pricing for a renewal term on reasonable prior notice.
6. Your content and data
You retain all rights in the data, files, geospatial datasets, and other materials you upload to or create using the Services ("Your Content"). You grant Airfree a limited, non-exclusive licence to host, process, transmit, and display Your Content solely to provide and support the Services.
Where we process personal data on your behalf, that processing is governed by our Privacy Policy and, for business customers, our Data Processing Agreement.
7. Intellectual property
The Services, including all software, interfaces, documentation, and the Airfree name and logos, are owned by Airfree Services Pty Ltd or its licensors and are protected by intellectual-property laws. Except for the limited rights expressly granted to you, no rights are transferred to you.
You must not copy, modify, reverse engineer, or create derivative works from the Services except to the extent this restriction is prohibited by law.
8. Warranties and disclaimers
We provide the Services with reasonable care and skill. Except as expressly stated in these Terms and to the fullest extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all other warranties, whether express, implied, or statutory.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded. Where our liability for a failure to comply with such a guarantee can be limited, it is limited (at our option) to re-supplying the affected Service or paying the cost of re-supply.
9. Limitation of liability
To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with the Services.
Subject to the Australian Consumer Law and other non-excludable rights, each party's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid or payable by you for the affected Service in the twelve months preceding the event giving rise to the liability.
10. Indemnity
You agree to indemnify Airfree against claims, losses, and reasonable costs arising from your breach of these Terms, your misuse of the Services, or Your Content infringing a third party's rights, except to the extent caused by Airfree's own negligence or breach.
11. Suspension and termination
You may stop using the Services and close your account at any time. We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the security or integrity of the Services or other users — and, where practical, we will give you notice and an opportunity to remedy the breach.
On termination, your right to use the Services ends. We will make Your Content available for export for a limited period in accordance with our Data Retention Policy, after which it may be deleted.
12. Governing law and disputes
These Terms are governed by the laws of the State of South Australia and the Commonwealth of Australia. You and Airfree submit to the non-exclusive jurisdiction of the courts of South Australia.
Before commencing proceedings, the parties will attempt in good faith to resolve any dispute through discussion and, if needed, mediation. This clause does not prevent either party from seeking urgent injunctive relief.
13. Contact
Questions about these Terms can be raised through our contact page at /contact.