Terms and Conditions

1. Overview

(a) Thank you for using AccordPath. AccordPath (the Platform) is an AI-powered workplace psychological safety support tool that helps organisations identify and respond to workplace concerns, support their teams, coordinate internally, and maintain records of actions taken.

(b) The Platform is operated by ACCORDPATH PTY LTD (ACN 693 542 504, ABN 16 693 542 504) (also referred to in these Terms as AccordPath, us, our or we).

(c) These Terms & Conditions form a binding contractual agreement between the user of the Platform (User, you) and us (Agreement). Before accessing or using the Platform, please read these Terms carefully. By accessing or using the Platform, you acknowledge that you have read, understood and agree to comply with:

these Terms & Conditions;
our Privacy Policy; and
any other terms, notices or policies published on the Platform,

(collectively, Terms).

(d) If you have any questions about these Terms, you can contact us at [email protected].

(e) If you do not agree to the Terms, in whole or in part, you must not access or use the Platform.

(f) We may amend the Terms from time to time. If we make a material change to the Terms, we will notify you through the Platform (such as an in-app notice) before the change takes effect, and the notice will state the date on which the updated Terms take effect. By continuing to access or use the Platform after updated Terms take effect, you accept the Terms as amended. If you do not agree to the updated Terms, you must stop accessing and using the Platform.

2. Platform Overview

(2.1) The Platform is a B2B SaaS platform made available to organisations and their authorised users. Access to particular functions depends on each organisation’s configuration, subscription scope and the access level assigned to a user by their organisation or by us. Authorised users may, according to their assigned access level, configure and administer their organisation’s account, create and manage workplace matters, record relevant information, use AI-assisted features, and access reporting and resources made available to them. Some individuals may receive notices or communications generated through the Platform without holding a direct Platform login. The functions available to any given user are determined by their organisation’s setup and may change over time.

(2.2) We are actively developing the Platform and may add, remove, suspend or modify features at any time. The above description is indicative only and is not an exhaustive list of Platform functionality.

(2.3) The Platform is a tool to support organisations and users in managing workplace concerns. AccordPath does not provide legal advice, employment law advice, clinical advice, investigative findings, or any guaranteed outcome. Employers and users remain solely responsible for their own decisions, actions and legal obligations. Use of the Platform does not discharge, transfer or satisfy any of your legal or regulatory duties, including any duty or obligation arising under occupational health and safety legislation.

(2.4) The Platform uses artificial intelligence to generate suggestions, drafts and other content (Outputs). Outputs are intended to support a human decision-maker. They are not decisions, determinations, advice (including legal, medical, psychological, human resources or employment advice) or findings.

(2.5) Subject to clause 12, Outputs may not always be accurate and may contain errors or omissions even where they appear correct. You should not rely on any Output without independently reviewing and verifying it, you remain the decision-maker for any action taken, and you should obtain professional advice where appropriate before acting. Your use of Outputs is at your own risk.

(2.6) We do not become a party to any employment relationship, workplace dispute, investigation, complaint, notification, consultation process or other relationship between Users, organisations, employees, contractors, representatives or third parties.

3. Registration and Access to Platform

(a) To access the Platform, you must be authorised by us, your organisation, or another authorised administrator.

(b) Your organisation or an authorised administrator may provide us with your name, work email address, role, organisation and related onboarding details for the purpose of creating or inviting you to an account.

(c) You may be required to activate your account, create or authenticate login credentials, and accept these Terms and our Privacy Policy before using the Platform.

(d) If you create, manage or submit information for other Users or participants, you must ensure that the information you provide is complete, accurate and up to date.

(e) You must keep your own account details accurate and current and promptly update them if they change.

(f) By accessing and using the Platform, you represent and warrant that:

you have the right, authority and capacity to agree to and comply with these Terms;
if you use the Platform on behalf of an organisation, you are authorised to bind that organisation or otherwise act on its behalf in connection with the Platform;
your use of the Platform and any information you submit will comply with applicable laws, regulations, workplace policies and contractual obligations; and
if you submit personal information or other information relating to another individual, you have all necessary authority, permissions, notices and lawful basis to do so.

(g) You further acknowledge and agree that:

you are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account;
you must not share access credentials except where expressly permitted by us;
except as otherwise expressly stated in these Terms, access to the Platform is non-transferable;
we are not obliged to verify the identity, authority or conduct of every User, although we may do so at our discretion;
we may monitor, review, verify, edit, suspend or remove material, content, data or information created, generated, stored or transmitted by Users through the Platform (User Content);
we are not responsible for the accuracy, completeness or reliability of User Content; and
you will use the Platform in accordance with these Terms and any additional policies or directions issued by us.

(h) We or our service providers may send you account, authentication, security, service and other operational messages by email, in-product notification, SMS or other communication channels used by the Platform. You may not be able to opt out of service-critical communications.

4. Use of Platform

You must:

use the Platform only for lawful, internal business and authorised workplace purposes;
not use the Platform in a manner that is harmful to our systems, reputation, goodwill or lawful business interests;
not interfere with the integrity, availability or security of the Platform;
not create accounts through unauthorised means;
not restrict, disable or interfere with another authorised user’s lawful access to the Platform;
not encourage or facilitate breaches of these Terms;
not use the Platform to harass, discriminate against, intimidate, threaten, abuse or otherwise mistreat any person;
not upload or transmit unlawful, defamatory, misleading, infringing or otherwise inappropriate material;
not harvest or otherwise collect information about others without appropriate authority;
not use the Platform to conduct benchmarking, competitive analysis, model training, reverse engineering or derivative product development unless expressly permitted by law; and
not undertake penetration testing, vulnerability scanning, security testing or similar activity against the Platform without our prior written consent.

5. Special Terms for Platform Features

5.1 AI-assisted features

(a) The Platform may include AI-assisted features that generate suggestions, drafts and other supporting content to assist users.

(b) AI-generated output is provided as an assistive tool only. It may be incomplete, inaccurate or unsuitable for your circumstances and must be reviewed by a human before being relied upon or used.

(c) AI-generated output does not constitute legal advice, HR advice, medical advice, psychological advice, investigative findings or a direction from AccordPath.

(d) You are solely responsible for reviewing, editing, approving and deciding whether to act on AI-generated output.

(e) AccordPath may generate or store AI-assisted content based on User Content submitted to the Platform, subject to our Privacy Policy and service arrangements.

5.2 Recording, meeting and communication features

(a) The Platform may support communication, meeting and, where enabled, recording or transcript features.

(b) You are solely responsible for ensuring that any recording, transcript, meeting invitation, notification or communication created, sent or facilitated through the Platform complies with applicable law, workplace policy and any consent requirements.

(c) Where recording or transcript features are enabled, you must not use them unless all required notifications and consents have been obtained.

5.3 Third party products and integrations

(a) The Platform may integrate with third party products, websites, applications or services.

(b) Your use of third party integrations is at your own risk and may be subject to separate third party terms and privacy policies.

(c) We may take reasonable steps to assess integrations before enabling them, but we are not responsible for the acts, omissions, products, services, data handling, availability or security of third parties, except to the extent caused by our gross negligence or wilful misconduct.

6. User Content

(a) You are solely responsible for User Content that you upload, create, record, submit, transmit, store or otherwise make available through the Platform, and for your use of User Content obtained through the Platform.

(b) You represent and warrant that you have all necessary rights, permissions and lawful authority to provide User Content to us and to allow us to use it in connection with the operation of the Platform.

(c) You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, process, adapt, transmit, disclose and otherwise use User Content as reasonably necessary to:

provide, operate, support and improve the Platform;
generate Platform outputs and features;
maintain security, audit, backup and service continuity processes;
comply with law; and
enforce our rights and obligations.

(d) We may use de-identified or aggregated data derived from User Content for product improvement, analytics, service development, security and business operations, provided it does not reasonably identify an individual.

(e) We are not responsible for opinions, statements or conclusions contained in User Content unless expressly identified as our own.

7. Fees and Commercial Arrangements

(a) Platform access may be provided under a paid subscription, pilot arrangement, enterprise contract or other commercial arrangement between us and your organisation.

(b) Where organisation-level access is provided, the relationship between AccordPath and the subscribing organisation is governed by a separate service agreement, pilot agreement or other commercial agreement (Commercial Agreement).

(c) Unless we expressly agree otherwise, individual Users do not acquire personal entitlement to free or perpetual access merely because their organisation has granted them access.

(d) During any pilot period, trial period or other period in which Platform access is provided at no cost or reduced cost, the Platform is provided on an “as is” basis and, to the fullest extent permitted by law, our liability is excluded except as set out in clause 12(c).

(e) For paid arrangements, any fees, billing cycles, payment obligations, taxes, renewals, suspension rights and commercial terms applicable to the Platform are as set out in the applicable Commercial Agreement.

(f) If no separate Commercial Agreement applies, we may specify fees and payment terms in an order form, proposal, invoice, onboarding document or other written notice.

8. Suspension, Cancellation and Termination

(a) You may stop using the Platform at any time. If you wish to close your account, you or your organisation may contact us or use available account management functionality.

(b) Your organisation may suspend, deactivate or terminate your access at any time, subject to its internal authority and our platform controls.

you breach these Terms;
your organisation’s subscription, pilot or service arrangement ends, is suspended or is not paid;
we reasonably suspect misuse, unlawful conduct, unauthorised access, security risk or harm to the Platform or others;
we are required to do so by law; or
your organisation or an authorised administrator instructs us to do so.

(d) If your account is suspended, cancelled or terminated:

these Terms will cease to apply to your ongoing access rights, except for clauses that by their nature survive termination;
your access to the Platform may be disabled immediately;
you must cease accessing the Platform and any information made available through it, except as permitted by law or by your organisation; and
we may retain or delete data in accordance with our Privacy Policy, applicable law and any agreement with the subscribing organisation.

(e) Where an account holder with access to workplace information or personal information ceases to be authorised, that person must not retain, use or disclose such information except where required by law.

9. Intellectual Property Rights

(a) In these Terms, Intellectual Property Rights means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, know-how, domain names and rights of a similar nature, whether registered or unregistered, anywhere in the world.

(b) We own or license all rights, title and interest in the Platform, the software, design, content, branding, documentation and all other materials made available by us through the Platform (Platform Content), excluding User Content.

(d) Subject to these Terms and any applicable commercial agreement, we grant you a limited, non-exclusive, revocable, non-transferable right to access and use the Platform and Platform Content for your organisation’s internal business purposes.

(e) You must not copy, reproduce, modify, distribute, publish, reverse engineer, decompile, create derivative works from, commercially exploit, resell or otherwise use the Platform or Platform Content except as expressly permitted by these Terms or by law.

(f) As between you and us, Outputs generated through the Platform from User Content are treated as User Content for the purposes of these Terms and may be used by you and your organisation for internal business purposes in accordance with these Terms. This does not transfer to you any Intellectual Property Rights in the Platform, the underlying AI models, or any templates, prompts or system content used to generate Outputs.

10. Third Party Links

(a) The Platform may contain links or references to third party websites, applications, content or services. We do not control them and are not responsible for their content, operation or availability.

(b) Your access to any third party website, application or service is entirely at your own risk.

11. Disclaimer

To the fullest extent permitted by law, and subject to clause 12:

the Platform is provided on an “as is” and “as available” basis;
we do not warrant that the Platform will be uninterrupted, error-free, secure, virus-free, continuously available or fit for every purpose;
we do not warrant that any particular result or workplace outcome will be achieved by using the Platform;
we do not warrant that User Content or AI-generated content is accurate, complete or suitable, and Users must review and verify all content before relying on it;
we may alter, suspend or cease any aspect of the Platform at our discretion; and
the Platform supports decision-making and record-keeping, but does not replace legal, HR, regulatory, clinical, psychological or other professional advice.

Nothing in these Terms excludes rights that cannot lawfully be excluded.

12. Exclusion and Limitation of Liability

(a) To the fullest extent permitted by law, we are not liable to you or anyone else for any direct, indirect, incidental, special or consequential loss or damage arising out of or in connection with:

your use of, or inability to use, the Platform;
your reliance on User Content, AI-generated output or information provided by another User or third party;
workplace actions, omissions, disputes, investigations, complaints, notifications or decisions made by you, your organisation or any third party;
unauthorised access to or use of your account, data or User Content;
acts, omissions or misconduct of other Users or third parties; or
third party infrastructure failures, internet outages, cyberattacks or third party integrations.

(b) To the fullest extent permitted by law, we exclude all representations, warranties and terms not expressly set out in these Terms.

(c) Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot lawfully be excluded, restricted or modified.

(d) Pursuant to section 64A of Schedule 2 to the Competition and Consumer Act 2010 (Cth), if a consumer guarantee applies to services not ordinarily acquired for personal, domestic or household use or consumption, our liability for breach of that guarantee is limited, at our option, to:

re-supplying the services; or
paying the cost of having the services re-supplied.

(e) During any pilot period, trial period or other period in which Platform access is provided at no cost or reduced cost, the Platform is provided “as is” and, to the fullest extent permitted by law, our total liability is excluded except as required by clause 12(c).

(f) Where a Commercial Agreement applies between AccordPath and the subscribing organisation, the liability terms set out in that Commercial Agreement govern the relationship between those parties.

(g) Where no Commercial Agreement applies, and subject to clauses 12(c) and 12(d), our liability arising out of or in connection with these Terms is excluded to the fullest extent permitted by law.

13. Indemnity

(a) To the fullest extent permitted by law, you indemnify us, and will keep us indemnified, against all losses, damages, liabilities, costs and expenses (including reasonable legal costs) suffered or incurred by us arising out of or in connection with:

any claim by a third party relating to User Content that you upload, create, record, submit, transmit, store or otherwise make available through the Platform;
your breach of these Terms;
your breach of any applicable law, including privacy, surveillance, employment or workplace laws; or
any claim by an individual arising from the collection, use or disclosure of their personal information through the Platform by you without the necessary authority, permissions, notices or lawful basis.

(b) Your liability under this clause is reduced proportionately to the extent that the relevant loss or liability was caused or contributed to by our negligence, wilful misconduct or breach of these Terms.

(c) Where you use the Platform on behalf of an organisation that you are authorised to bind, this indemnity is given by both you and that organisation.

14. Privacy

(a) We collect, use, disclose and otherwise handle personal information in accordance with our Privacy Policy.

(b) If you provide us with personal information relating to another person, you warrant that you have all necessary authority, permissions, notices and lawful basis required to do so.

(c) If you are an organisation administrator, manager or other authorised user submitting personal information, workplace information or other information about another individual, you must comply with all applicable privacy laws, employment obligations, internal policies and consent requirements.

(d) For more information about our information handling practices, please refer to our Privacy Policy.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth laws of Australia in force in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of the State of Victoria and the Federal courts of Australia sitting in Victoria, and any courts competent to hear appeals from them, and waives any objection to proceedings in those courts on the grounds of venue or inconvenient forum. Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.