Terms of Service

These Terms of Service govern your access to and use of Faultex. Please read them carefully — by creating an account you agree to be bound by them.

1. Acceptance of These Terms

These Terms of Service ("Terms") are a binding legal agreement between you (and, if you use the service for an organisation, that organisation) ("you", "your") and [Faultex Pty Ltd] (ABN [insert]) ("Faultex", "we", "us", "our"). They govern your access to and use of the Faultex web application, dashboards, daily briefings, emails, APIs and all related products and services (together, the "Service").

By clicking "I agree" (or "Sign up", "Start free", "Continue to Stripe", or any similar button), creating an account, or accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Service.

If you accept these Terms on behalf of an organisation, you represent and warrant that you are authorised to bind that organisation, and "you" includes that organisation. You must be at least 18 years old and using the Service for business or professional purposes.

Defined terms: "Outputs" means any information the Service generates, displays or sends, including risk scores, severity bands, daily and weekly briefings, world-map and country data, the predictive/forecast view, watchlist/compliance match results, product breakdowns and ownership/country-risk labels, AI-generated mitigation plans and reports, and any content drafted, sent or inserted by the Agent Team. "Third-Party Data" means data sourced from external datasets and publishers including GLEIF, the World Bank, sanctions/export-control/debarment/forced-labor authorities, trade datasets and news sources.

2. Description of the Service

Faultex is an informational supply-chain risk intelligence tool for procurement and risk teams. The Service scans public and third-party sources and presents, for your nominated suppliers, commodities, regions and trade lanes: a tailored daily/weekly briefing of supply-chain disruption news; numeric risk scores and severity bands; a predictive "forecast" view of possible future risks; a Watchlists screen that compares supplier names against public sanctions, export-control, debarment and forced-labor lists; a Products view that resolves ultimate-parent ownership and country-risk indicators and labels suppliers and companies by indicative risk and sanctions exposure; AI-generated mitigation plans, reports and briefing documents; and an optional autonomous "Agent Team" that can draft, and (where you grant "Act" authority) send or insert, documents and emails.

The Service is a decision-support and due-diligence-prioritisation tool only. It is not a monitoring, screening, compliance, brokerage, advisory, insurance or assurance service, and it does not guarantee detection, prevention or avoidance of any supply-chain disruption, regulatory breach, sanctions exposure or other event. We may add, change, suspend or remove features, data sources, datasets, scoring methods, models, source counts and refresh frequencies at any time.

3. Informational Purposes Only — Not Professional Advice

All Outputs are provided for general informational and internal decision-support purposes only. They are not, and must not be relied on as, legal, regulatory, compliance, sanctions, export-control, trade, financial, investment, accounting, insurance or other professional advice, and no professional or advisory relationship is created by your use of the Service.

Without limitation, risk scores and severity bands are model-generated indicators; the daily and weekly briefings are curated summaries of third-party news; the forecast view is a probabilistic projection; watchlist results are indicative name-based matches; product breakdowns, ownership resolutions and country-risk and sanctions-exposure labels are derived from public data; and AI mitigation plans, reports and Agent outputs are machine-generated drafts.

You are solely responsible for evaluating the Outputs, for independently verifying any information before relying on it, and for all decisions and actions you take or do not take based on the Service. You should obtain your own professional advice before making any decision with legal, regulatory, financial or commercial consequences. To the maximum extent permitted by law, we are not responsible for any decision you make, or action you take or omit, in reliance on the Service.

4. No Sanctions, Export-Control or Compliance Determination

The Watchlists / compliance-screen feature is an indicative, name-based check designed only to help you prioritise your own due diligence. It is NOT a sanctions-screening service, an export-control determination, a compliance clearance, or a substitute for a compliance program.

You acknowledge that: (a) matching is performed on names and is inherently imperfect — it may return false positives (over-matching) and may fail to identify entities that are in fact listed (under-matching), including because of spelling variants, aliases, transliteration, ownership structures, incomplete data, or timing of list updates; (b) a "no match", "no result" or low-severity result is NOT a clearance, certification or guarantee that an entity is not sanctioned, restricted, debarred or otherwise of concern; (c) list coverage, entity counts and refresh frequency may change and may not be complete or current; and (d) every potential match must be independently confirmed against the official issuing source before any action is taken.

You remain solely and fully responsible for your own sanctions, export-control, anti-money-laundering, modern-slavery, customs and other legal and regulatory obligations, and for implementing and operating your own compliance program. We do not provide a sanctions clearance and accept no responsibility for any breach of, or failure to comply with, any sanctions, export-control or other law arising from your use of, or reliance on, the Service.

5. Predictive and Forward-Looking Outputs

The forecast / predictive-risk view, any "predicted risks", likelihood or probability percentages, projected trajectories, lead-time estimates and similar forward-looking Outputs are probabilistic estimates produced by automated models from historical and current signals. They are not statements of fact, promises or guarantees about future events.

Forward-looking Outputs are inherently uncertain and may be wrong. Actual events may differ materially from any forecast, and a risk that is not forecast may still occur. You must not treat any forecast, likelihood or score as a certainty or as a recommendation, and you remain solely responsible for any decision made in reliance on forward-looking Outputs.

6. Third-Party Data

The Service incorporates Third-Party Data sourced from external datasets and publishers, including (without limitation) GLEIF entity and relationship data, World Bank indicators, sanctions/export-control/debarment/forced-labor lists published by their issuing authorities, trade and customs datasets, and news sources.

Third-Party Data is provided to you "as is" and "as available". We do not create, control or independently verify it, and to the maximum extent permitted by law we make no representation or warranty that any Third-Party Data is accurate, complete, current, fit for any purpose or free from error or omission. Third-Party Data may be incomplete, out of date, mis-attributed or withdrawn, and refresh frequencies are targets, not commitments.

Third-Party Data may be subject to the licences and terms of the relevant source (including, for example, the UK Open Government Licence, Creative Commons CC BY 4.0, and the terms of GLEIF, the World Bank and the various issuing authorities). You are responsible for complying with any such third-party terms that apply to your use, and your rights in Third-Party Data are no greater than those granted by the relevant source.

7. AI-Generated Content and the Autonomous Agent

Parts of the Service use artificial intelligence and large language models to generate content, including mitigation plans, reports, briefing documents, product breakdowns, forecasts and Agent-drafted emails and documents.

AI-generated content may be inaccurate, incomplete, outdated, biased or entirely fabricated (a "hallucination"), even where it appears confident, specific or authoritative. You must independently review and verify all AI-generated content for accuracy, appropriateness and legal compliance before relying on it, sending it, publishing it or otherwise acting on it. AI-generated content is not advice and is not guaranteed to be correct.

Agent Team and "Act" authority. The Agent Team can draft deliverables for your approval and, only where you expressly grant "Act" authority to a desk, can take outward-facing actions on your behalf — including sending emails to your suppliers or contacts and inserting documents — without separate per-item approval. By enabling "Act" authority you authorise and instruct us to perform those actions on your behalf, you accept that such actions may occur automatically and without further review by you, and you are solely responsible for all such actions and their consequences as if you had taken them yourself. We are not responsible for the content, transmission, accuracy or effect of any communication or document drafted, sent or inserted by the Agent, including any error, omission, offence, misstatement or loss arising from it. You should configure authority levels, recipients and approvals carefully, and you must not enable "Act" authority unless you accept this responsibility.

8. Statements About Third Parties

The Service displays information about identifiable third parties — including named suppliers, companies and their ultimate parents — and may label them with risk scores, severity bands, country-risk indicators, sanctions-exposure flags or potential watchlist matches.

All such labels, scores and flags are indicative, automated indicators derived from public and third-party data for the sole purpose of supporting your own internal due diligence. They are expressions of a model-generated opinion based on the data available to us at a point in time; they are NOT statements of fact, and they are NOT assertions that any named entity is in fact sanctioned, restricted, debarred, insolvent, a "shell", engaged in forced labour, or otherwise culpable. Such indicators may be wrong, out of date or based on mistaken identity, and must be independently verified at the official source before any conclusion is drawn.

You must use information about third parties only for your own lawful internal assessment. You must not republish, redistribute, broadcast or otherwise communicate any risk label, score, match or characterisation of a named third party to any other person, or take or threaten any adverse action against a third party, in a manner that asserts it as fact or that could be defamatory, misleading, deceptive or otherwise unlawful. You are solely responsible for any such use, and you indemnify us in respect of it under Section 11.

9. Disclaimer of Warranties

To the maximum extent permitted by law, the Service and all Outputs and Third-Party Data are provided "as is" and "as available", with all faults, and we expressly disclaim all representations, warranties, guarantees and conditions of any kind, whether express, implied or statutory, including any implied warranties or guarantees of merchantability, acceptable quality, fitness for a particular purpose, accuracy, completeness, currency, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free, secure, or that it will detect, predict, prevent or avoid any risk, disruption or event.

Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted or modified ("Non-Excludable Rights"). To the extent the Australian Consumer Law applies and permits us to do so, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the Australian Consumer Law) is limited, at our option, to: (a) in the case of services, resupplying the services or paying the cost of having the services resupplied; and (b) in the case of goods, replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so. All other terms of these Terms apply subject to, and do not derogate from, your Non-Excludable Rights.

10. Limitation of Liability

This Section applies to the maximum extent permitted by law and is subject to your Non-Excludable Rights and Section 9.

(a) Excluded loss. To the maximum extent permitted by law, we will not be liable to you for any indirect, incidental, special, consequential, punitive or exemplary loss, or for any loss of profit, revenue, anticipated savings, business, contracts, goodwill, reputation, opportunity or data, or for any loss arising from your reliance on, or any inaccuracy, incompleteness, delay or unavailability of, the Service, the Outputs or any Third-Party Data, however arising (including in contract, tort (including negligence), statute or otherwise), even if we have been advised of the possibility of such loss.

(b) Liability cap. To the maximum extent permitted by law, our total aggregate liability to you arising out of or in connection with these Terms or the Service, from all claims combined, is limited to the greater of (i) the total fees actually paid by you to us for the Service in the twelve (12) months immediately before the event giving rise to the liability, and (ii) one hundred Australian dollars (A$100). Where you use the Service on a free tier or trial, the cap is A$100.

(c) Australian Consumer Law. Nothing in this Section limits or excludes our liability for any Non-Excludable Right. Where we are liable for failure to comply with a non-excludable consumer guarantee and are permitted by law to limit that liability, our liability is limited as set out in Section 9. Otherwise, the limitations and exclusions in this Section apply.

(d) Your responsibility. You acknowledge that the Service is a decision-support tool, that the pricing reflects this allocation of risk, and that you are responsible for verifying Outputs and for your own decisions, compliance and business outcomes.

11. Indemnity

To the maximum extent permitted by law, you indemnify and will keep us, our related bodies corporate and our respective directors, officers, employees, contractors and agents indemnified against all liabilities, losses, damages, costs and expenses (including reasonable legal costs) suffered or incurred by us arising out of or in connection with: (a) your access to or use of the Service or any Output; (b) your reliance on, or any decision or action you take or omit based on, any Output; (c) your republication, redistribution or other communication of any Output, risk label, score or watchlist result, including any claim of defamation, injurious falsehood, breach of privacy, or misleading or deceptive conduct; (d) any action taken by the Agent Team under "Act" authority you enabled, including any email sent or document inserted on your behalf; (e) your breach of these Terms, the Acceptable Use section, or any applicable law (including sanctions, export-control, privacy, anti-money-laundering and modern-slavery laws); and (f) your breach of any third-party data licence or terms. This indemnity survives termination. We will not be indemnified to the extent the liability was caused by our own breach of these Terms, fraud or wilful misconduct, or relates to a Non-Excludable Right.

12. Acceptable Use

You must use the Service only for your own lawful, internal business purposes, and you must not, and must not permit any other person to: (a) use the Service or any Output in breach of any law or third-party right; (b) use any risk score, watchlist match, ownership or country-risk label, or other Output as the sole or determinative basis for any adverse action against, or public statement about, a third party — every such Output must be independently verified at the official source first; (c) represent any indicative Output as a verified fact, a compliance clearance, a sanctions determination, or professional advice; (d) scrape, harvest, crawl, bulk-export, resell, sublicense, redistribute, or commercially exploit the Service, the Outputs or any Third-Party Data except as expressly permitted, or build or train any competing product or dataset from them; (e) circumvent usage limits, tiers, unlock gating, authentication or security controls, or access another account; (f) upload unlawful, infringing or malicious content, or supplier or personal data you are not entitled to provide; or (g) use the Service to harass, defame or harm any person. We may suspend or terminate access for any breach of this Section.

13. Subscriptions, Trials and Billing

Plans and prices. The Service is offered on Free, Standard and Pro tiers, plus one-time feature unlocks, at the prices set out on our Pricing page. All prices are stated and charged in Australian dollars (AUD) and, unless stated otherwise, are inclusive of GST where applicable. Current indicative pricing is Standard A$99/month (A$990/year) and Pro A$299/month (A$2,990/year), with one-time unlocks at A$29 each; annual billing is offered at a discount described on the Pricing page as "2 months free". Prices, plans, features, tiers, unlock scope and inclusions may change from time to time, and any change will apply to your next billing period (and we will give reasonable notice of material changes).

Trial. New accounts may receive a 14-day Pro trial with no payment card required. At the end of the trial you may remain on Standard, downgrade to Free, or enter payment details to continue on Pro. We will not charge you during the trial unless you elect a paid plan and provide payment details; if you do not provide payment details, paid Pro features will simply cease at the end of the trial.

Payment. Paid subscriptions are billed in advance through our payment processor (Stripe) by card. By subscribing you authorise us and Stripe to charge your payment method the applicable recurring fee until you cancel. You are responsible for keeping payment details current.

Changes, proration and cancellation. Upgrades take effect immediately and are prorated. Downgrades take effect at the end of the then-current billing period. You may cancel at any time from your Profile page; cancellation takes effect at the end of the current paid period and we do not charge cancellation fees. One-time unlock purchases are consumed when the relevant AI operation is performed.

Refunds. Except for any refund or remedy you are entitled to under your Non-Excludable Rights, fees are non-refundable and we do not provide refunds or credits for partial periods, unused features, or downgrades. This does not limit your rights under the Australian Consumer Law.

14. Intellectual Property and Licences

Our IP. We and our licensors own all intellectual property rights in the Service, including its software, models, scoring and forecasting methodologies, user interface, design, and all compilations and presentations of data (but excluding Your Data and Third-Party Data owned by others). We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and the Outputs for your own internal business purposes during your subscription, subject to these Terms. No other rights are granted, and all rights not expressly granted are reserved.

Your Data. As between you and us, you retain all rights in the data and content you submit, including your supplier lists, commodities, regions, lanes and uploaded files ("Your Data"). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit and display Your Data, and to create de-identified and aggregated data, solely to operate, secure, support and improve the Service and as described in our Privacy Policy. As noted on our Pricing page, your supplier list, regions and lanes are private to your account; we do not sell or share your profile and we do not use it to train third-party models. We may use aggregated and de-identified signal trends internally to improve scoring; we do not publish your individual profile. You warrant that you have the rights necessary to provide Your Data and to grant this licence.

Feedback. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

15. Accounts, Suspension and Termination

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorised use. You may stop using and close your account at any time as described in Section 13.

We may suspend or terminate your access to all or part of the Service, immediately and without liability, if: (a) you breach these Terms or the Acceptable Use section; (b) your payment fails or is reversed; (c) we reasonably suspect fraud, unlawful use, or use that creates legal or security risk; or (d) we cease to offer the Service or a feature. We will give reasonable notice where practicable. On termination, your right to use the Service ends, and we may delete Your Data after a reasonable period, subject to law and our Privacy Policy. Sections that by their nature should survive termination (including Sections 3-12, 14, 18 and 19) survive.

16. Privacy

Our collection, use, disclosure and handling of personal information is described in our Privacy Policy, which forms part of these Terms and is provided in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Service you acknowledge that we collect and process account, billing, usage and supplier-profile information as described there. You are responsible for ensuring you have any necessary rights or consents to provide personal information about third parties (for example, supplier contacts) to the Service, and for handling Outputs about third parties in accordance with applicable privacy laws.

17. Changes to These Terms

We may amend these Terms from time to time. If we make a material change, we will give you reasonable notice by email or through the Service before it takes effect, and where appropriate we may ask you to re-accept the updated Terms. Non-material changes take effect when posted. The "Effective Date" at the top shows when the current version took effect. Your continued use of the Service after an update takes effect constitutes your acceptance of the amended Terms. If you do not agree to a change, you must stop using the Service and may cancel under Section 13.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of [State], Australia, and the Commonwealth laws of Australia in force there. You and we submit to the non-exclusive jurisdiction of the courts of [State], Australia and any courts competent to hear appeals from them.

Before commencing proceedings (other than for urgent injunctive relief), the parties will first attempt in good faith to resolve any dispute by negotiation, by a party giving written notice to the other (to [legal contact email]) describing the dispute and the outcome sought, and the parties conferring within 20 business days. Nothing in this Section limits any right you have to bring a complaint to a regulator or tribunal, or to exercise a Non-Excludable Right.

19. General

Entire agreement. These Terms, the Privacy Policy and the Pricing page terms are the entire agreement between you and us about the Service and supersede all prior representations and agreements.

Severability. If any provision is held invalid or unenforceable, it is to be read down to the minimum extent necessary or severed, and the remaining provisions continue in full force.

No waiver. A failure or delay by us in exercising any right is not a waiver of it, and a single or partial exercise does not preclude any further exercise.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms to a related body corporate or in connection with a sale or reorganisation of our business, on notice to you.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including third-party data, network, hosting or AI-provider failures.

Relationship. Nothing in these Terms creates a partnership, agency, joint venture or employment relationship, except the limited authority you expressly grant under Section 7. Notices to us may be sent to [legal contact email].

20. Contact

Questions about these Terms can be sent to [Faultex Pty Ltd] at [legal contact email]. General and sales enquiries: [email protected].