Terms of Service
These Terms of Service ("Terms") govern your access to and use of the activitee® platform ("Platform", "Service") operated by Wize Eyez Pty Ltd (ABN 74 670 882 247), a company registered in New South Wales, Australia ("Company", "we", "us").
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.
1. Definitions
- "Account" means a registered account on the Platform, including Organisation Administrator and standard user accounts.
- "Customer" means the organisation or individual that subscribes to the Platform.
- "Customer Data" means all data, files, documents, identity records, compliance assessments, evidence, and other content uploaded to or generated within the Platform by or on behalf of the Customer.
- "Managed Identity" means a user, service account, or external identity record managed within the Platform.
- "Subscription Plan" means the pricing tier selected by the Customer (Starter, Professional, or Enterprise).
2. Account Registration & Eligibility
You must be at least 18 years old and have the authority to bind your organisation to these Terms. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
The initial Organisation Administrator account created during self-serve signup is responsible for managing users, permissions, and billing within their organisation tenant.
3. Subscription Plans & Billing
3.1 Free Trial
The Starter plan includes a 14-day free trial. No credit card is required to start a trial. At the end of the trial period, you must subscribe to continue using the Platform. Your data will be retained for 30 days after trial expiry.
3.2 Billing
Subscriptions are billed monthly or annually in advance. Prices are listed in AUD for Australian and New Zealand customers and USD for international customers. All prices are exclusive of GST (for Australian customers) and applicable taxes.
3.3 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods. Upon cancellation, your data will be retained for 30 days, after which it will be permanently deleted unless otherwise agreed.
4. Use of the Platform
4.1 Permitted Use
You may use the Platform solely for your organisation's internal identity governance, compliance assessment, privacy management, and related security operations as described in the Platform documentation.
4.2 Prohibited Use
You must not:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation
- Attempt to reverse engineer, decompile, or disassemble any part of the Platform
- Share, sublicense, or resell access to the Platform except under an authorised MSSP/Enterprise agreement
- Upload malicious code, attempt to breach the Platform's security, or interfere with other customers' use
- Use the Platform to store, process, or transmit data in violation of data protection laws applicable to your jurisdiction
- Exceed the identity limits, connector limits, or user limits of your Subscription Plan
5. Customer Data & Ownership
You retain all rights, title, and interest in your Customer Data. We do not claim ownership of Customer Data. We access Customer Data only as necessary to provide, maintain, and improve the Platform, or as required by law.
You grant us a limited, non-exclusive licence to process your Customer Data solely for the purpose of providing the Platform services.
6. Data Security
We implement industry-standard security measures including:
- Encryption at rest (AES-256) and in transit (TLS 1.3)
- Multi-tenant data isolation with per-organisation access controls
- Regular penetration testing and vulnerability assessments
- SOC 2 Type II certification (in progress)
- Immutable audit trails for all platform operations
7. Data Residency
Customer Data is stored in the region selected during onboarding (Australia, United States, Europe, or Asia-Pacific). Enterprise customers may specify their preferred data residency region. We will not transfer Customer Data outside the selected region without your consent, except as required by law.
8. Service Level Agreement (SLA)
Enterprise customers receive a 99.9% uptime SLA. Professional customers receive a 99.5% uptime target. Starter customers receive a best-effort availability commitment. Scheduled maintenance windows are communicated 48 hours in advance.
9. Intellectual Property
The Platform, including its software, documentation, user interface, branding, compliance framework content, and all related intellectual property, is and remains the exclusive property of Wize Eyez Pty Ltd. These Terms do not grant you any rights to our intellectual property except the limited right to use the Platform under your Subscription Plan.
10. Limitation of Liability
To the maximum extent permitted by law:
- Our total liability for any claim arising from these Terms or use of the Platform is limited to the amount paid by you in the 12 months preceding the claim.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or business opportunities.
- The Platform is provided for compliance support and governance tooling. It does not constitute legal, regulatory, or professional advice. You are responsible for ensuring your compliance with applicable laws and regulations.
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any data you upload to the Platform.
12. Termination
We may suspend or terminate your access to the Platform if you breach these Terms, fail to pay subscription fees, or engage in prohibited use. Upon termination, we will provide 30 days to export your Customer Data, after which it will be permanently deleted.
13. Changes to Terms
We may update these Terms from time to time. Material changes will be communicated via email or in-platform notification at least 30 days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.
15. Contact
For questions about these Terms, contact us at:
Wize Eyez Pty Ltd
ABN 74 670 882 247
Email: legal@activitee.io
Web: activitee.io