Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (whether individually or on behalf of an entity) and MyHazMate Pty Ltd (ABN to be registered) ("MyHazMate", "we", "us", or "our") governing your access to and use of the MyHazMate mobile application and all related services, features, content, and functionality.

By creating an account, you represent and warrant that you have the legal authority to enter into this agreement and bind your company or organization to these Terms.

2. Description of Service

MyHazMate is a hazardous materials register management tool that provides:

• Digital registers for tracking hazardous materials and dangerous goods
• Automated Safety Data Sheet (SDS) retrieval and expiry tracking
• AI-powered product label scanning and data extraction
• Emergency QR code generation for first responder access
• Multi-site and multi-user management capabilities

3. User Accounts & Responsibilities

3.1 Account Registration

To use MyHazMate, you must register a company account and provide accurate, complete, and current information. You agree to update your information promptly if it changes. Providing false, misleading, or fraudulent information is grounds for immediate termination.

3.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account, whether authorized or not
• Immediately notifying us of any unauthorized access or security breach
• Ensuring all users you invite comply with these Terms

We will not be liable for any loss or damage arising from unauthorized access to your account.

3.3 User Roles & Permissions

• Manager: Full administrative access including billing, subscription management, and user control
• Admin: Can manage materials, locations, sites, and invite users (no billing access)
• User: Can view and add materials only (limited permissions)

Account managers are responsible for the actions of all users they invite and for ensuring appropriate role assignments.

4. Subscriptions, Payments & Billing

4.1 Free Trial

New accounts are eligible for a 30-day free trial with access to all features. Payment information is required by Google Play Store or Apple App Store to start the trial. You will not be charged during the trial period, but your subscription will automatically begin at the end of the trial unless cancelled at least 24 hours before the trial ends.

4.2 Subscription Plans

Paid subscriptions are available in monthly and annual billing cycles. Plan features and limits are described on our Pricing page. We reserve the right to modify pricing, features, and plan limits at any time with reasonable notice.

4.3 Billing & Payment Processing

• All payments are processed through Google Play Store or Apple App Store
• Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date
• You are responsible for all applicable taxes
• Failed payments may result in immediate suspension of service

4.4 Refunds

Refunds are handled according to Google Play Store and Apple App Store refund policies. MyHazMate does not process refunds directly. We are not obligated to provide refunds for any reason, including but not limited to dissatisfaction with the Service, failure to cancel before renewal, or inability to use the Service.

4.5 Plan Downgrades & Limits

If you downgrade to a plan with fewer sites or users:

• Excess sites will become read-only (no new materials can be added)
• Excess users will lose access until you upgrade or remove them
• No refunds are provided for downgrades

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Provide false, misleading, or fraudulent information
• Attempt to gain unauthorized access to our systems, other accounts, or computer networks
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code
• Copy, modify, distribute, sell, or lease any part of the Service
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use automated systems, bots, or scripts to access the Service without permission
• Share account credentials with unauthorized persons
• Upload malicious code, viruses, or harmful content
• Use the Service for any purpose other than legitimate hazardous materials management

Violation of this policy may result in immediate suspension or termination without notice or refund.

6. Safety Data Sheets (SDS) — Critical Disclaimers

MyHazMate includes functionality to automatically search for and retrieve Safety Data Sheets from publicly available online sources.

6.1 No Guarantee of Accuracy or Availability

WE DO NOT GUARANTEE THAT:

• An SDS will be found for every product you add
• Retrieved SDS documents are correct, current, or applicable to your specific product
• SDS documents match your exact product formulation, batch, or version
• Expiry date tracking is accurate or complete
• The Service will meet all regulatory requirements in your jurisdiction

6.2 Your Responsibility

• Verifying that any SDS retrieved matches your actual product
• Ensuring SDS documents are current and compliant with applicable regulations
• Obtaining SDS documents directly from manufacturers when necessary
• Maintaining your own independent compliance records
• All decisions made based on information in the Service

Reliance on automatically retrieved SDS documents without independent verification is entirely at your own risk.

7. AI Processing — Disclaimers & Limitations

MyHazMate uses artificial intelligence (AI) services to process product labels and search for SDS documents.

By using AI features, you acknowledge and accept that:

• AI may misread, misinterpret, or fail to recognize product labels
• AI may return incorrect product names, manufacturers, or classifications
• AI may fail to identify hazards, warnings, or important safety information
• AI search results for SDS documents may be wrong or irrelevant
• AI processing is provided "AS IS" without any warranty

You agree to verify all AI-generated data before relying on it for any purpose.

8. Emergency QR Codes — Public Disclosure & Liability

MyHazMate allows you to generate QR codes that provide public access to your hazardous materials manifest for emergency services.

8.1 Information Disclosed via QR Codes

• Site name and full street address
• Complete list of hazardous materials at that site
• Quantities and specific storage locations
• Dangerous goods classifications and UN numbers
• Links to Safety Data Sheets

8.2 Your Sole Responsibility

By using the emergency QR code feature, you assume full and sole responsibility for:

• The accuracy, completeness, and currency of all disclosed information
• Controlling physical access to locations where QR codes are displayed
• Any consequences arising from third-party access to your data
• Any actions taken by emergency services or any other party based on QR code data
• Any injuries, deaths, property damage, or other harm related to QR code information

8.3 No Liability for Emergency Response

9. Intellectual Property

The Service, including all content, features, functionality, software, code, designs, text, graphics, logos, and trademarks, is owned by MyHazMate or its licensors and is protected by Australian and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service solely for its intended purpose in accordance with these Terms. This license does not include any right to:

• Modify, copy, or create derivative works
• Reverse engineer or access source code
• Sublicense, sell, resell, transfer, or distribute
• Use for competitive analysis or to develop competing products

10. Your Data & Content

You retain ownership of the data and content you input into the Service ("Your Content"). By using the Service, you grant MyHazMate a worldwide, royalty-free, non-exclusive license to use, store, process, copy, transmit, and display Your Content solely as necessary to provide and improve the Service.

You represent and warrant that:

• You have all necessary rights to Your Content
• Your Content does not violate any law or third-party rights
• Your Content is accurate and not misleading

We may delete Your Content upon account termination or as required by law.

11. Disclaimer of Warranties

Without limiting the foregoing, MyHazMate does not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Defects will be corrected
• The Service will meet your specific requirements or expectations
• Any information obtained through the Service will be accurate or reliable
• The Service will comply with all applicable laws in your jurisdiction
• SDS documents will be found, accurate, current, or complete
• AI processing will produce accurate or useful results
• Emergency QR code functionality will work in all circumstances

Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusion may not apply to you, and you may have additional rights.

12. Limitation of Liability

• Indirect, incidental, special, consequential, punitive, or exemplary damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Cost of procurement of substitute goods or services
• Personal injury or death
• Property damage
• Environmental damage or contamination
• Regulatory fines, penalties, or enforcement actions
• Any damages arising from workplace incidents, chemical spills, fires, explosions, or other hazardous material incidents
• Any damages arising from reliance on SDS documents, AI processing, or emergency QR codes
• Any damages arising from use or inability to use the Service

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if MyHazMate has been advised of the possibility of such damages.

12.1 Maximum Liability Cap

IN NO EVENT SHALL MYHAZMATE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF:

• The amounts you paid to MyHazMate in the twelve (12) months immediately preceding the claim; OR
• One hundred Australian dollars (AUD $100.00)

12.2 Essential Basis of Agreement

You acknowledge that the limitations of liability in this section are essential elements of the bargain between you and MyHazMate, and that MyHazMate would not provide the Service without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless MyHazMate, its directors, officers, employees, agents, partners, suppliers, and licensors from and against any and all claims, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content you submit, post, or transmit through the Service
• Inaccurate, incomplete, or misleading data you enter into the Service
• Your use of emergency QR codes and any consequences thereof
• Any reliance on SDS documents, AI processing, or other Service features
• Any workplace incidents, injuries, deaths, or property damage related to your use of the Service
• Any regulatory enforcement actions, fines, or penalties arising from your compliance failures

This indemnification obligation will survive termination of these Terms and your use of the Service.

14. Assumption of Risk

• Hazardous materials management involves inherent risks that cannot be eliminated
• Software tools cannot replace professional safety expertise, training, or judgment
• You assume all risks associated with the storage, handling, and management of hazardous materials
• MyHazMate is not responsible for your workplace safety practices or compliance
• Your use of the Service is entirely at your own risk

15. Termination

15.1 Termination by You

You may cancel your subscription and terminate your account at any time through the app stores. Cancellation takes effect at the end of your current billing period. No refunds are provided for unused portions of subscription periods.

15.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Discontinuation of the Service (in whole or in part)
• Any reason at our sole discretion

15.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• You remain liable for all amounts owed
• We may delete your data after a retention period (see Privacy Policy)
• Sections 9-17 of these Terms shall survive termination

16. Modifications to Terms & Service

We reserve the right to modify these Terms at any time, for any reason, at our sole discretion. Changes are effective immediately upon posting. The "Last updated" date indicates when changes were made.

We may also modify, suspend, or discontinue the Service (or any part thereof) at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation.

Your continued use of the Service after any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

17. Governing Law & Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles.

17.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising out of or relating to these Terms or the Service.

17.3 Waiver of Class Actions

17.4 Time Limitation

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose, or be forever barred.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MyHazMate and supersede all prior agreements, understandings, and communications.

18.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

18.3 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19. Australian Consumer Law

Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose obligations that cannot be excluded, restricted, or modified except to a limited extent. These Terms must be read subject to those statutory provisions. If those statutory provisions apply, to the extent that we are able to do so, our liability is limited (at our option) to:

• In the case of goods: replacement, repair, or payment of the cost of replacement or repair; and
• In the case of services: re-supply of the services or payment of the cost of having the services re-supplied.

20. Contact Information

For questions about these Terms, please use our contact form:

• Contact Form: myhazmate.com.au/contact