Terms of Service

These Terms of Service and End User Licence Agreement ("Terms") govern access to and use of the PlantComp platform, including all software, services, templates, risk assessment frameworks, content, and documentation made available through plantcomp.com.au, app.plantcomp.com.au, portal.plantcomp.com.au, and any associated mobile applications or integrations made available by PlantComp from time to time (collectively, the "Platform").

The Platform is provided by AMID Pty Ltd (ABN 90 084 998 416), trading as PlantComp ("PlantComp", "we", "us", or "our"), a company registered in New South Wales, Australia.

By registering for, accessing, or using the Platform, you ("Client", "you", or "your") agree to be bound by these Terms. If you are agreeing on behalf of a company, trust or other legal entity, you represent that you have authority to bind that entity, and "you" or "Client" refers to that entity. If you do not have such authority, or do not agree to these Terms, do not access or use the Platform.

In these Terms, unless the context otherwise requires:

"Account" means the registered account created by a Client for an Authorised User to access the Platform from time to time.

"Authorised Users" means the employees, contractors, and other individuals authorised by the Client to access the Platform under the Client's Account, including but not limited to HSE Managers, Site Managers, Operators, and Plant Managers.

"Client Content" means all data, documents, images, records, and other materials uploaded or entered by the Client or its Authorised Users to the Platform, including compliance documents, plant registration details, and operator credential information.

"Confidential Information" means any information relating to the Platform, its technology, business logic, risk assessment frameworks, methodology, pricing, or commercial arrangements that is not publicly available, including Platform Content.

"Operator" means an individual who operates construction plant equipment and whose credentials, competency assessments and prestart records are managed on the Platform.

"Platform Content" means all content, materials, templates, risk assessment frameworks, compliance methodologies, document structures, workflow logic, and software provided by PlantComp as part of the Platform, whether or not marked as proprietary.

"Service" means access to and use of the Platform in accordance with these Terms and the applicable Subscription Plan.

"Subscription Fees" means the fees payable by the Client for access to the Platform for a specified duration and as notified by PlantComp from time to time.

"Subscription Period" means the period for which Subscription Fees have been paid by the Client to PlantComp.

"Subscription Plan" means the applicable tier of service (Foundation, Starter, Growth, Enterprise, or Portal tier) as set out in the current pricing schedule at plantcomp.com.au/pricing.

"Trial Period" means any period during which the Client is permitted to access the Platform without charge, including any pilot or evaluation arrangement.

3.1Grant to Client

Subject to these Terms and payment of applicable Subscription Fees, PlantComp grants the Client a limited, personal, non-exclusive, non-transferable, non-sublicensable licence for Authorised Users to access and use the Platform solely for the Client's internal business operations in connection with construction plant compliance and operator competency management during the applicable Subscription Period.

3.2Restrictions

The Client must not, and must ensure that Authorised Users do not:

• copy, reproduce, modify, adapt, translate, or create derivative works of the Platform or Platform Content;
• reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or methodologies of the Platform;
• work around or bypass any technical restrictions or limitations;
• remove, minimise, block or modify any logos, trademarks, copyrights or other notices of PlantComp that are included in the Platform;
• resell, sublicense, rent, transfer, or otherwise make the Platform available to any third party other than Authorised Users;
• use the Platform for any unlawful purpose or in any manner inconsistent with these Terms;
• use the Platform for any other business other than the business operated by the Client;
• remove or alter any proprietary notices, trademarks, or branding from the Platform;
• use the Platform to build a competing product or service; or
• share, disclose, or otherwise communicate Platform Content (including risk assessment frameworks, template structures, and compliance methodology) with any competitor of PlantComp or any third party for the purpose of replicating or competing with the Platform.

4.1Ownership of Platform Content

The Platform and all Platform Content - including but not limited to all software, source code, risk assessment frameworks, compliance templates, document structures, workflow logic, operator competency methodologies, plant type classifications, prestart checklists, and all other proprietary content created by or for PlantComp - is and remains the exclusive intellectual property of AMID Pty Ltd. These Terms do not transfer any ownership of the Platform or Platform Content to the Client. The Client acquires only the limited licence set out in clause 3.1. For the avoidance of doubt, any output, report, checklist or document generated by or through the Platform is deemed platform content for the purposes of this clause. The structure, logic, template schema and methodology included in any platform content remains the exclusive intellectual property of AMID Pty Ltd.

4.2Trademark

"PlantComp" is a trademark of AMID Pty Ltd (Trademark Application No. 2637887, filed 21 March 2026). Nothing in these Terms grants the Client any right to use the PlantComp name, logo, or trademarks without prior written consent which may be refused in PlantComp's absolute discretion.

4.3Ownership of Client Content

Subject to clause 4.1, the Client retains all ownership of Client Content. The Client grants PlantComp a non-exclusive, royalty-free licence to host, store, process, and transmit Client Content solely as necessary to provide the Service. PlantComp does not claim ownership of Client Content and will not use it for any purpose other than providing the Service, except as required by law or with the Client's consent. PlantComp may use aggregated, de-identified data derived from Client Content for platform improvement and benchmarking purposes, provided no individual or organisation is identifiable in such data.

4.4Feedback

If the Client provides feedback, suggestions, or recommendations regarding the Platform, PlantComp may use that feedback without restriction and without obligation or compensation to the Client. All intellectual property in feedback and resulting improvements belongs to AMID Pty Ltd.

5.1Obligations

Each party agrees to keep the other party's Confidential Information confidential and not to disclose it to any third party without prior written consent, except as expressly permitted by these Terms or required by law. Each party must use the other party's Confidential Information only for the purposes contemplated by these Terms.

5.2Platform as Confidential

The Client acknowledges that Platform Content constitutes Confidential Information of PlantComp. The Client must not share, reproduce, or disclose Platform Content - including risk assessment frameworks, compliance templates, workflow structures, and methodology - with any competitor of PlantComp, any person intending to build a competing product, or any third party that the Client knows or ought reasonably to know may use such information to replicate or compete with the Platform.

5.3Permitted Disclosures

Confidential Information may be disclosed:

• to Authorised Users who need to know it for the purposes of using the Platform, provided they are bound by confidentiality obligations no less stringent than these Terms;
• to professional advisers under a duty of confidentiality; and
• as required by applicable law, provided the disclosing party gives reasonable prior notice to the other party.

5.4Survival

Confidentiality obligations survive termination of these Terms for a period of three (3) years.

6.1Subscription Fees

Access to paid features of the Platform requires payment of Subscription Fees as set out in the applicable Subscription Plan. Subscription Fees are set out at plantcomp.com.au/pricing and may be updated from time to time. PlantComp will provide 30 days' notice to existing Clients. Continued use after a price change constitutes acceptance of the new pricing.

6.2Billing

Subscription Fees are billed in advance on a monthly or annual basis, as selected by the Client. Payment is processed by Stripe, Inc. The Client authorises PlantComp to charge the Client's nominated payment method on each billing date. All amounts are in Australian Dollars (AUD) and are inclusive of GST where applicable.

6.3Overdue Accounts

If a payment is overdue by more than 7 days, PlantComp may suspend access to the Platform until payment is received. Suspension does not relieve the Client of its obligation to pay outstanding amounts. PlantComp may terminate access if an account remains overdue for more than 7 days after notice. PlantComp is entitled to charge and the Client must pay interest at ten percent (10%) per annum on all overdue accounts from day payment became overdue to the date of payment.

6.4No Refunds

Subscription Fees are non-refundable except as required by Australian Consumer Law. Unused portions of a subscription period are not refunded upon termination by the Client.

7.1Trial Access

PlantComp may offer a Trial Period of up to 60 days during which the Client may access the Platform at no charge with full or near-full feature access as described at the time of the offer. Trial access is offered at PlantComp's discretion and may be withdrawn at any time.

7.2Pilot Arrangement

Where a Client participates in a formal pilot arrangement agreed in writing with PlantComp, the pilot terms set out in that arrangement supplement these Terms. In the event of conflict, the written pilot arrangement prevails. At the end of the pilot period, the Client must elect a Subscription Plan. Failure to elect results in read-only access being applied automatically.

7.3Pilot Data

Client Content entered during a Trial Period or pilot arrangement is retained for the duration of the arrangement and for 90 days thereafter, after which it may be deleted. PlantComp will provide reasonable notice before deletion. The Client is responsible for exporting any Client Content it wishes to retain before the end of the retention period.

8.1Privacy Act Compliance

PlantComp handles personal information in accordance with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles. PlantComp's Privacy Policy, available at plantcomp.com.au/privacy, sets out how personal information is collected, held, used, and disclosed.

8.2Data Processing

The Client acknowledges that Client Content, including personal information of Authorised Users and operators, will be processed and stored by PlantComp and its sub-processors (including but not limited to Supabase, Vercel, Railway, Stripe, Anthropic and Resend) in connection with providing the Service. The Client is responsible for ensuring it has appropriate authority to provide personal information to PlantComp, including obtaining any required consents from its employees and contractors.

8.3Operator Credential Data

The Platform stores operator credential information - including licence numbers, expiry dates, operator portrait photos and verification results - for the purpose of plant compliance management. This information is treated as sensitive personal information. PlantComp does not sell or disclose operator credential data to any third party other than as necessary to verify credentials with relevant Australian regulatory bodies. Driver licence information is stored as number and expiry date only: no photograph other than the operator portrait photo is stored.

8.4Security

PlantComp implements industry-standard technical and organisational security measures including row-level security, encrypted data at rest and in transit and regular backups. PlantComp does not guarantee that the Platform will be free from all security vulnerabilities. The Client is responsible for maintaining the security of its Account credentials and for all activity under its Account.

9.1Availability

PlantComp will use commercially reasonable efforts to make the Platform available 24 hours a day, seven days a week, except for: (a) scheduled maintenance (notified at least 24 hours in advance where possible); (b) emergency maintenance; (c) downtime caused by third-party infrastructure providers; and (d) circumstances beyond PlantComp's reasonable control.

9.2No SLA During Pilot

During the Trial Period and any pilot arrangement, PlantComp does not provide a formal Service Level Agreement (SLA). PlantComp will use reasonable efforts to maintain availability and respond to support requests within 1 business day. Formal SLAs are available on Enterprise plans from general availability.

9.3Support

Support is available via richard@plantcomp.com.au. Response times are reasonable efforts. Priority support for critical issues (platform inaccessible, data loss risk) is available 7 days a week via direct contact with the PlantComp team. PlantComp may offer support packages from time to time as an additional service on terms and for such fees as determined by PlantComp.

10.1Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLANTCOMP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PLANTCOMP DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ALL CREDENTIAL VERIFICATIONS WILL BE SUCCESSFUL. THE CLIENT IS RESPONSIBLE FOR VERIFYING THE ACCURACY OF CREDENTIAL VERIFICATION RESULTS AND FOR ALL COMPLIANCE DECISIONS MADE USING PLATFORM OUTPUT. THE PLATFORM IS A MANAGEMENT TOOL: IT DOES NOT REPLACE THE CLIENT'S OBLIGATION TO COMPLY WITH APPLICABLE WORK HEALTH AND SAFETY LAWS.

10.2Limitation of Liability

To the maximum extent permitted by law, PlantComp's total aggregate liability to the Client for all claims arising under or in connection with these Terms or the Platform (whether in contract, tort including negligence, or otherwise) is limited to the total Subscription Fees paid by the Client in the 12 months preceding the claim.

10.3Consequential Loss

To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, or punitive loss or damage (including loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption) arising out of or in connection with these Terms or the Platform, even if advised of the possibility of such loss.

10.4Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful or void.

The Client indemnifies PlantComp and its officers, employees, and agents against all losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) the Client's or any Authorised User's use of the Platform in breach of these Terms; (b) any claim that Client Content infringes a third party's intellectual property or other rights; (c) the Client's breach of any applicable law; or (d) any compliance decision made by the Client based on Platform output.

12.1Term

These Terms commence on the date the Client creates an Account or first accesses the Platform (whichever is earlier) and continue until terminated in accordance with this clause.

12.2Termination by Client

The Client may terminate these Terms at any time by cancelling its Account in writing to richard@plantcomp.com.au. Termination takes effect at the end of the current billing period. No refund is payable for the remainder of a prepaid period.

12.3Termination by PlantComp

PlantComp may terminate or suspend the Client's access to the Platform immediately upon written notice if: (a) the Client breaches these Terms and where able to be remedied fails to remedy the breach within 14 days of written notice; (b) the Client fails to pay overdue amounts within 7 days of written notice; (c) the Client becomes insolvent or subject to insolvency proceedings; or (d) continued access would, in PlantComp's reasonable opinion, cause harm to the Platform, other clients, or third parties.

12.4Effect of Termination

Upon termination: (a) all licences granted to the Client cease immediately; (b) the Client must cease using the Platform; (c) subject to clause 13, the Client may request an export of Client Content within 30 days of termination, after which PlantComp may delete Client Content; (d) clauses 4, 5, 8, 10, 11, 13, 14 and 15 survive termination.

The Client acknowledges that PlantComp's compliance record model is designed to be permanent in accordance with the statutory record-keeping obligations under the applicable Work Health and Safety legislation (including the Work Health and Safety Act 2011 (Cth) and the state and territory equivalents). Compliance documents, defect records, risk assessment acknowledgements, and operator credential records are not hard-deleted from the Platform. Records may be archived or made inactive, but the complete audit trail is retained for the duration of the Client's subscription and the post-termination data retention period (90 days minimum, longer at PlantComp's discretion for compliance purposes). The Client must not attempt to delete or alter compliance records in a manner designed to obscure a safety incident or regulatory breach. Such conduct may constitute a breach of applicable WHS laws and will constitute a material breach of these Terms.

14.1Governing Law

These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales.

14.2Entire Agreement

These Terms, together with any applicable Subscription Plan, pilot arrangement, or order form, constitute the entire agreement between the parties in relation to the Platform and supersede all prior representations, negotiations, and agreements relating to the same subject matter.

14.3Amendments

PlantComp may amend these Terms from time to time by publishing an updated version at plantcomp.com.au/terms with at least 30 days' notice to existing Clients by email. Continued use of the Platform after the effective date of an amendment constitutes acceptance. If the Client does not accept an amendment, the Client may terminate in accordance with clause 12.2.

14.4Assignment

PlantComp may assign its rights and obligations under these Terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the successor assumes all obligations under these Terms. The Client may not assign these Terms without PlantComp's prior written consent.

14.5Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision is severed and the remainder of the Terms continues in full force and effect.

14.6Waiver

A waiver of any right under these Terms is effective only if given in writing. A waiver of a right does not constitute a waiver of any other right or a future waiver of the same right.

14.7Force Majeure

Neither party is liable for failure or delay in performing obligations to the extent caused by circumstances beyond that party's reasonable control, including natural disasters, acts of government, pandemic, or failure of third-party infrastructure providers (including cloud hosting providers). The affected party must notify the other promptly and use reasonable efforts to resume performance.

14.8Relationship

These Terms do not create any partnership, agency, or employment relationship between the parties. PlantComp is an independent contractor.

15.1Notice of Dispute

If a dispute arises out of or in connection with this agreement, either party may give written notice of the dispute to the other party. The parties must use reasonable endeavours to resolve the dispute through good faith negotiations.

15.2Attempted Resolution of Dispute

If the dispute is not resolved within 14 days after notice is given, the dispute must be referred to a senior representative of each party who must meet (in person or by video conference) and attempt to resolve the dispute within 14 days.

15.3Commencement of Proceedings

If the dispute remains unresolved after the process in clauses 15.1 and 15.2, either party may commence court proceedings.

15.4Parties to Perform

Unless the dispute prevents a party from performing its obligations, each party must continue to perform its obligations under this agreement while the dispute is being resolved.

15.5Jurisdiction

Nothing in this clause prevents a party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

Legal entity

AMID Pty Ltd (ABN 90 084 998 416)

Trading as

PlantComp

Email

richard@plantcomp.com.au

Website

plantcomp.com.au

Privacy enquiries

privacy@plantcomp.com.au

Jurisdiction

New South Wales, Australia