Terms of Service

Effective: 27 May 2026

These Terms of Service ("Terms") govern your use of the ArtiMax application and website operated by ArtiMax Pty Ltd (ABN 76 122 882 393) ("we", "us", "our"). By creating an account or using ArtiMax, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. By registering, you represent that you meet these requirements.

2. Account Registration

• You must provide accurate and complete information when creating your account.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately if you suspect unauthorised access to your account.
• One person or entity per account. Account sharing is not permitted.

3. Subscription and Payment

3.1 Free Trial

New accounts receive a 14-day free trial with full access to all features. No credit card is required to start a trial. At the end of the trial period, your account will be suspended unless you subscribe to a paid plan.

3.2 Paid Plans

• Subscription plans (Skipper, Fleet, Marina) are billed monthly or annually via Stripe.
• Annual plans receive a 15% discount.
• Prices are in Australian Dollars (AUD) and include GST where applicable.
• You can change plans at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the next billing cycle.

3.3 AI Usage

Each subscription tier includes a monthly AI message allowance. Usage beyond the included allowance is charged as overage at the rate specified for your plan. AI usage resets at the start of each billing cycle.

4. Acceptable Use

You agree not to:

• Use ArtiMax for any unlawful purpose.
• Attempt to gain unauthorised access to other users' data or accounts.
• Upload malicious files, viruses, or harmful code.
• Use the AI assistant to generate harmful, abusive, or illegal content.
• Resell, sublicense, or redistribute access to ArtiMax without our written consent.
• Use automated scripts, bots, or scraping tools against the service.
• Circumvent any usage limits, rate limits, or access controls.

5. Your Data

5.1 Ownership

You retain full ownership of all data you enter into ArtiMax, including asset records, documents, attachments, and other content. We do not claim any intellectual property rights over your data.

5.2 Data Export

You may export your data at any time while your account is active using the in-app Data Export and Download All My Data features. Exports include your asset records, equipment, maintenance logs, purchases, inventory, contacts, outings, checklists, attachments, and a metadata file describing the structure. We will also provide reasonable assistance for data export on request, including for at least 90 days after account termination or service discontinuation.

5.3 Data Protection

We handle your data in accordance with our Privacy Policy and the Australian Privacy Act 1988.

6. Service Availability and Discontinuation

6.1 Availability

• We aim for high availability but do not guarantee uninterrupted service.
• We may perform scheduled maintenance with reasonable notice.
• We are not liable for downtime caused by factors beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.

6.2 Discontinuation

If we decide to discontinue ArtiMax in whole or in part, we will provide affected users with at least 60 days' written notice by email. During the notice period:

• ArtiMax will continue to operate at the same standard.
• Recurring billing will be paused as of the notice date — no further subscription charges will be made.
• You will retain full access to export your data using the in-app Data Export and Download All My Data features.
• Pre-paid annual subscription fees will be refunded on a pro-rata basis for the unused portion of the term.

7. AI Assistant Disclaimer

The AI assistant is a productivity tool designed to help you manage boat records. While it strives for accuracy:

• AI-generated suggestions should be reviewed before acting on them.
• The AI does not provide professional maritime, legal, or financial advice.
• You are responsible for verifying all data entered by or suggested by the AI.
• AI-processed invoice data should be checked against original documents.

8. Intellectual Property

ArtiMax, including its design, code, features, and branding, is the property of ArtiMax Pty Ltd. You are granted a limited, non-exclusive, non-transferable licence to use ArtiMax for its intended purpose during your active subscription.

9. Limitation of Liability

To the maximum extent permitted by law:

• ArtiMax is provided "as is" without warranties of any kind, express or implied.
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the service.
• Our total liability is limited to the amount you have paid us in the 12 months preceding the claim.

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited by agreement.

10. Suspension and Termination

• You may cancel your subscription at any time. Access continues until the end of your current billing period.
• We may suspend or terminate your account for violation of these Terms, with notice where practicable.
• On termination, your data is retained for 90 days. After that, it may be permanently deleted.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 14 days before they take effect. Continued use after the effective date constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Queensland.

13. Assignment

We may assign or transfer these Terms and our rights and obligations under them to a successor entity in connection with a merger, acquisition, sale of assets, or other corporate transaction. We will notify you by email at least 30 days before such assignment takes effect. You may terminate your subscription with a pro-rata refund of any pre-paid fees if you do not consent to the assignment.

14. Contact

For questions about these Terms:

Email: legal@artimax.com.au
ArtiMax Pty Ltd (ABN 76 122 882 393)
Gold Coast, Queensland, Australia