1. About the Website 

(a) Welcome to www.triniti.net and www.triniti.cloud (the 'Website'). The Website allows you to access and use the Triniti (the 'Services'). 

(b) The Website is operated by Triniti Platform Pty Ltd, ACN/ABN 72663662271 .  Access to and use of the Website, or any of its associated Products or Services,  is provided by Triniti Platform Pty Ltd. Please read these terms and conditions  (the 'Terms') carefully. By using, browsing and/or reading the Website, this  signifies that you have read, understood and agree to be bound by the Terms. If  you do not agree with the Terms, you must cease usage of the Website, or any of  Services, immediately. 

(c) Triniti Platform Pty Ltd reserves the right to review and change any of the Terms  by updating this page at its sole discretion. When Triniti Platform Pty Ltd updates  the Terms, it will use reasonable endeavours to provide you with notice of  updates to the Terms. Any changes to the Terms take immediate effect from the  date of their publication. Before you continue, we recommend you keep a copy of  the Terms for your records. 

2. Acceptance of the Terms 

You accept the Terms by remaining on the Website. Where the option is available in the user  interface, you may also accept the Terms by clicking to accept or agree to the Terms. 

3. About the Service 

(a) Triniti is Software-as-a-Service platform, that provides organisations with  the ability to visualise, track and manage their user experiences. 

(b) Trial, Team and Enterprise accounts are currently offered. You acknowledge and  agree that the accounts offered, as well as the account features may change from  time to time, and may be governed by separate terms which apply specific to the  account. Where special account-specific terms apply, you will be informed, and  must accept those terms before you are given such an account. For the  

avoidance of doubt these Terms apply unless otherwise agreed or amended by  account-specific terms. 

(c) Some accounts may be governed by a separate Software Licensing Agreement  with Triniti Platform Pty Ltd, which may amend the terms of use. For the  

avoidance of doubt these Terms apply unless otherwise agreed or amended by  the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Service 

(a) Triniti, its related features, and website must only be used lawfully. Triniti  Platform Pty Ltd reserves the right to suspend, cancel, or otherwise deny access  to users and accounts who use the service: 

(i) To engage in any act that would disrupt the access, availability, and  security of Triniti and other Triniti Platform Pty Ltd services, including but  not limited to: 

(A) Tampering with, reverse-engineering, or hacking our servers. 

(B) Modifying, disabling, or compromising the performance Triniti or other Triniti Platform Pty Ltd services. 

(C) Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources. 

(D) Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Triniti Platform Pty Ltd. 

(b) For any illegal purpose, or to violate any laws, including and without limitation  to data, privacy, and export control laws. 

(c) To stalk, harass or threaten users and any member of the public. 

(d) To misrepresent or defraud any user or member of the public through phishing,  spoofing, manipulating headers or other identifiers, impersonating anyone else,  or falsely implying any sponsorship or association with Triniti Platform Pty Ltd or  any third party 

(e) To access or search any part of the Service, or any other Service owned by Triniti  Platform Pty Ltd other than our publicly supported interface, or otherwise allowed  for in an applicable Software Licensing Agreement. 

(f) To post, upload, share, or otherwise circulate content in violation of Triniti’s  content policy 

5. Security and Data Privacy 

Triniti Platform Pty Ltd takes your privacy seriously and information provided through your  use of the Website and/or Services are subject to Triniti Platform Pty Ltd’s Privacy Policy,  which is available on the Website. The Privacy Policy also addresses Triniti Platform Pty  Ltd’s processes, policies, and obligations in respect of Triniti security breaches. 

6. Data Use

Triniti Platform Pty Ltd collects, stores, and processes your data on Triniti. The data is used  to provide Services to you, as well as to facilitate Triniti Platform Pty Ltd’s business  operations. The Privacy Policy outlined how your data is collected, stored, and processed by  Triniti Platform Pty Ltd. The Privacy Policy also addresses Triniti Platform Pty Ltd's  processes, policies, and obligations in respect of data encryption and removal requests. 

7. Subscription to use the Service 

(a) In order to access the Services, you must first purchase a subscription through  the Website (the 'Subscription') and pay the applicable fee for the selected  Subscription (the 'Subscription Fee'). After purchasing a Subscription, you will be  considered a member (‘Member’). 

(b) In purchasing the Subscription, you acknowledge and agree that it is your  responsibility to ensure that the Subscription you elect to purchase is suitable  for your use. 

(c) Before, during or after you have purchased the Subscription, you will then be  required to register for an account through the Website before you can access  the Services (the ' Account'). 

(d) As part of the registration process, or as part of your continued use of the  Services, you may be required to provide personal information about yourself  (such as identification or contact details), including but not limited to name,  email address, company and credit card details. 

(e) You warrant that any information you give to Triniti Platform Pty Ltd in the  course of completing the registration process will always be accurate, correct  and up to date. 

(f) Once you have completed the registration process, you will be a registered user  of the Website and agree to be bound by the Terms ("User"). As a Member you  will be granted immediate access to the Services from the time you have  completed the registration process until the subscription period expires (the  'Subscription Period'). 

(g) You may not use the Services and may not accept the Terms if: 

(i) you are not of legal age to form a binding contract with Triniti Platform  Pty Ltd; or 

(ii) you are a person barred from receiving the Services under the laws of  Australia or other countries including the country in which you are  

resident or from which you use the Services 

8. Payments

(a) Subject to the terms of any applicable Software License Agreement, the  Subscription Fee may be paid by all payment methods available on the  

Website, and may change from time to time. 

(b) Payments made in the course of your use of Triniti may be made using third-party  applications and services not owned, operated, or otherwise controlled by Triniti  Platform Pty Ltd. You acknowledge and agree that Triniti Platform Pty Ltd will not  be liable for any losses or damage arising from the operations of third-party  payment applications and services. You further acknowledge and warrant that  you have read, understood and agree to be bound by the terms and conditions of  the applicable third-party payment applications and services you choose to use  as a payment method for Triniti services. 

(c) You acknowledge and agree that where a request for the payment of the  Subscription Fee is returned or denied, for whatever reason, by your financial  institution or is unpaid by you for any other reason, then you are liable for any costs,  including banking fees and charges, associated with the Subscription Fee. 

(d) You agree and acknowledge that Triniti Platform Pty Ltd can vary the Subscription  Fee at any time and that the varied Subscription Fee will come into effect following  the conclusion of the existing Subscription. 

9. Refund Policy 

Triniti Platform Pty Ltd will only provide you with a refund of the Subscription Fee in the  event they are unable to continue to provide the Services or if the manager of Triniti  Platform Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so  under the circumstances . Where this occurs, the refund will be in the proportional  amount of the Subscription Fee that remains unused by the Member (the 'Refund'). 

10. Copyright and Intellectual Property 

(a) The Website, the Services and all of the related products of Triniti Platform Pty  Ltd are subject to copyright. The material on the Website is protected by copyright  under the laws of Australia and through international treaties. Unless otherwise  indicated, all rights (including copyright) in the Services and compilation of the  Website (including but not limited to text, graphics, logos, button icons, video  images, audio clips, Website code, scripts, design elements and interactive  features) or the Services are owned or controlled for these purposes, and are  reserved by Triniti Platform Pty Ltd or its contributors. 

(b) All trademarks, service marks and trade names are owned, registered and/or  licensed by Triniti Platform Pty Ltd, who grants to you a worldwide, non 

exclusive, royalty-free, revocable license whilst you are a User to: 

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website  in your device's cache memory; and 

(iii) print pages from the Website for your own personal and non commercial use. 

(c) Triniti Platform Pty Ltd does not grant you any other rights whatsoever in  relation to the Website or the Services. All other rights are expressly reserved  by Triniti Platform Pty Ltd. 

(d) Triniti Platform Pty Ltd retains all rights, title and interest in and to the Website  and all related Services. Nothing you do on or in relation to the Website will  transfer any: 

(i) business name, trading name, domain name, trade mark, industrial  design, patent, registered design or copyright, or 

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or 

(iii) a thing, system or process that is the subject of a patent, registered  design or copyright (or an adaptation or modification of such a thing,  

system or process), to you. 

(e) You may not, without the prior written permission of Triniti Platform Pty Ltd and  the permission of any other relevant rights owners: broadcast, republish, up-load  to a third party, transmit, post, distribute, show or play in public, adapt or change  in any way the Services or third party Services for any purpose, unless otherwise  provided by these Terms. This prohibition does not extend to materials on the  Website, which are freely available for re-use or are in the public domain. 

11. General Disclaimer 

(a) Nothing in the Terms limits or excludes any guarantees, warranties,  representations or conditions implied or imposed by law, including the  

Australian Consumer Law (or any liability under them) which by law may not be  limited or excluded. 

(b) Subject to this clause, and to the extent permitted by law: 

(i) all terms, guarantees, warranties, representations or conditions which  are not expressly stated in the Terms are excluded; and 

(ii) Triniti Platform Pty Ltd will not be liable for any special, indirect or  consequential loss or damage (unless such loss or damage is reasonably  foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or  in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 

(c) Use of the Website and the Services is at your own risk. Everything on the  Website and the Services is provided to you "as is" and "as available" without  warranty or condition of any kind. None of the affiliates, directors, officers,  employees, agents, contributors and licensors of Triniti Platform Pty Ltd make any  express or implied representation or warranty about the Services or any products  or Services (including the products or Services of Triniti Platform Pty Ltd) referred  to on the Website. This includes (but is not restricted to) loss or damage you  might suffer as a result of any of the following: 

(i) failure of performance, error, omission, interruption, deletion, defect, failure  to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure,  unlawful third party conduct, or theft, destruction, alteration or   unauthorised access to records; 

(ii) the accuracy, suitability or currency of any information on the Website,  the Services, or any of its Services related products (including third party  material and advertisements on the Website); 

(iii) costs incurred as a result of you using the Website, the Services or any  of the products of Triniti Platform Pty Ltd; and 

(iv) the Services or operation in respect to links which are provided for  your convenience. 

12. Limitation of Liability 

(a) Triniti Platform Pty Ltd's total liability arising out of or in connection with the  Services or these Terms, however arising, including under contract, tort  

(including negligence), in equity, under statute or otherwise, will not exceed the  resupply of the Services to you. 

(b) You expressly understand and agree that Triniti Platform Pty Ltd, its affiliates,  employees, agents, contributors and licensors shall not be liable to you for any  direct, indirect, incidental, special consequential or exemplary damages which  may be incurred by you, however caused and under any theory of liability. This  shall include, but is not limited to, any loss of profit (whether incurred directly  or indirectly), any loss of goodwill or business reputation and any other  

intangible loss. 

13. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by  Triniti Platform Pty Ltd as set out below. 

(b) If you want to terminate the Terms, you may do so by: 

(i) not renewing the Subscription prior to the end of the Subscription Period; 

(ii) providing Triniti Platform Pty Ltd with 14 days’ notice of your intention  to terminate; and 

(iii) closing your accounts for all of the services which you use, where  Triniti Platform Pty Ltd has made this option available to you. 

(c) Any notices pursuant to Clause 13.2 above should be sent, in writing, to  Triniti Platform Pty Ltd via the 'Contact Us' link on our homepage. 

(d) Triniti Platform Pty Ltd may at any time, terminate the Terms with you if: (i) you do not renew the Subscription at the end of the Subscription Period; 

(ii) you have breached any provision of the Terms or intend to breach  any provision; 

(iii) Triniti Platform Pty Ltd is required to do so by law; 

(iv) the provision of the Services to you by Triniti Platform Pty Ltd is, in  the opinion of Triniti Platform Pty Ltd, no longer commercially viable. 

(e) Subject to local applicable laws, Triniti Platform Pty Ltd reserves the right to  discontinue or cancel your Subscription or Account at any time and may  suspend or deny, in its sole discretion, your access to all or any portion of the  Website or the Services without notice if you breach any provision of the Terms  or any applicable law or if your conduct impacts Triniti Platform Pty Ltd's name  or reputation or violates the rights of those of another party. 

14. Indemnity 

You agree to indemnify Triniti Platform Pty Ltd, its affiliates, employees, agents,  contributors, third party content providers and licensors from and against: 

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage  (including legal fees on a full indemnity basis) incurred, suffered or arising out of  or in connection with your content; 

(b) any direct or indirect consequences of you accessing, using or transacting on  the Website or attempts to do so; and/or 

(c) any breach of the Terms.

15. Dispute Resolution 

15.1. Compulsory: 

If a dispute arises out of or relates to the Terms, either party may not commence any  Tribunal or Court proceedings in relation to the dispute, unless the following clauses  have been complied with (except where urgent interlocutory relief is sought).

15.2. Notice: 

A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must  give written notice to the other party detailing the nature of the dispute, the desired  outcome and the action required to settle the Dispute. 

15.3. Resolution: 

On receipt of that notice ('Notice') by that other party, the parties to the  

Terms ('Parties') must: 

(a) Within 28 days of the Notice endeavour in good faith to resolve the  Dispute expeditiously by negotiation or such other means upon which they  may mutually agree; 

(b) If for any reason whatsoever, 28 days after the date of the Notice, the  Dispute has not been resolved, the Parties must request that an  

appropriate mediator be appointed by the by a qualified entity as listed  

on www.amr.asn.au; 

(c) The Parties are equally liable for the fees and reasonable expenses of a  mediator and the cost of the venue of the mediation and without limiting  

the foregoing undertake to pay any amounts requested by the mediator as  a pre-condition to the mediation commencing. The Parties must each pay  their own costs associated with the mediation; 

(d) The mediation will be held in Sydney, Australia. 

15.4. Confidential: 

All communications concerning negotiations made by the Parties arising out of and in  connection with this dispute resolution clause are confidential and to the extent  possible, must be treated as "without prejudice" negotiations for the purpose of  applicable laws of evidence. 

15.5. Termination of Mediation: 

If 14 have elapsed after the start of a mediation of the Dispute and the Dispute has  not been resolved, either party may ask the mediator to terminate the mediation and  the mediator must do so.

16. Venue and Jurisdiction 

The Services offered by Triniti Platform Pty Ltd is intended to be viewed by residents of  Australia. In the event of any dispute arising out of or in relation to the Website, you  agree that the exclusive venue for resolving any dispute shall be in the courts of New  South Wales. 

17. Governing Law 

The Terms are governed by the laws of New South Wales. Any dispute, controversy,  proceeding or claim of whatever nature arising out of or in any way relating to the Terms  and the rights created hereby shall be governed, interpreted and construed by, under and  pursuant to the laws of New South Wales, Australia without reference to conflict of law  principles, notwithstanding mandatory rules. The validity of this governing law clause is  not contested. The Terms shall be binding to the benefit of the parties hereto and their  successors and assigns. 

18. Independent Legal Advice 

Both parties confirm and declare that the provisions of the Terms are fair and  reasonable and both parties having taken the opportunity to obtain independent legal  advice and declare the Terms are not against public policy on the grounds of inequality  or bargaining power or general grounds of restraint of trade. 

19. Severance 

If any part of these Terms is found to be void or unenforceable by a Court of competent  jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.