Terms

Terms & Conditions

Last Updated: June 2025

These Terms and Conditions (“Terms”) govern your access to and use of the Obliq platform (“Platform”) and related services (collectively, the “Services”), provided by Obliq Pty Ltd, an Australian company (“Obliq,” “we,” “our,” or “us”). By registering for, accessing, or using the Services, you (“you” or “Customer”) agree to be bound by these Terms. If you do not agree to all of these Terms, do not use the Services.

1. Definitions

  • Account: Your registration to access and use the Services, including associated login credentials.
  • Authorized User: A natural person whom Customer authorizes to use the Services under Customer’s Account.
  • Customer Data: All data, documents, and information provided or uploaded by Customer or its Authorized Users to the Platform.
  • Fee(s): Any subscription, usage, or other charges payable by Customer to Obliq in consideration for the Services, as described in the applicable Order Form or pricing page.
  • Order Form: A written document or online form (including electronic acceptance) specifying the Services to be provided, Fees, term, and any special terms.
  • Services: The online, web-based Platform and any related software, APIs, support, and documentation provided by Obliq.
  • Term: The period during which these Terms and any Order Form remain in effect.

2. Acceptance and Scope

  1. Agreement. By creating an Account, ordering Services, or otherwise using the Platform, you accept and agree to these Terms, any Order Form, and any updates posted by Obliq (collectively, the “Agreement”).
  2. Eligibility. You represent and warrant that you are at least 18 years old and have the legal authority to bind Customer to this Agreement.
  3. Modifications. Obliq may update these Terms at any time by posting a revised version on the Platform. If changes are material, Obliq will notify you by email or a notice on the Platform 30 days before they take effect. Continued use of the Services after that date constitutes acceptance of the updated Terms.

3. Services and License

  1. Provision of Services. Subject to Customer’s compliance with these Terms and payment of Fees, Obliq grants Customer a non-exclusive, non-transferable, worldwide right to access and use the Services during the Term.
  2. Access Rights. Customer may permit Authorized Users to access the Services solely to perform internal business operations. Customer will:
    • a. Provide accurate and complete registration information.
    • b. Maintain the confidentiality of login credentials.
    • c. Be responsible for all activities that occur under Customer’s Account.
  3. Restrictions. Customer shall not, and shall not permit any third party to:
    • a. Rent, lease, sublicense, loan, resell, distribute, or provide access to the Services to third parties (except Authorized Users).
    • b. Modify, copy, reproduce, create derivative works of, publicly display, or reverse engineer the Services.
    • c. Interfere with the security or use of the Services by others.
    • d. Use the Services for any unlawful purpose or to violate applicable laws (including data privacy regulations).

4. Customer Obligations

  1. Compliance. Customer is solely responsible for (a) compliance with all applicable laws (including financial regulations, privacy laws, anti-money laundering rules, and data protection requirements) in connection with its use of the Services; (b) all Customer Data; and (c) obtaining and maintaining all required consents from its own clients or users to process personal data.
  2. Acceptable Use. Customer may not upload or transmit any materials that are unlawful, infringing, or harmful to Obliq or third parties. Customer must use strong passwords and immediately notify Obliq of any security breaches or unauthorized Account use.

5. Fees and Payment

  1. Fees. Customer shall pay all Fees described in applicable Order Forms. Fees are non-refundable except as expressly provided in these Terms.
  2. Invoicing and Payment Terms. Obliq will invoice Customer in advance for subscription Fees (monthly/annually as specified). Unless otherwise agreed, Customer must pay invoices within 15 days of receipt in Australian dollars. Late payments accrue interest at 1.5% per month or the maximum permitted by law.
  3. Taxes. Fees do not include applicable taxes (e.g., GST, VAT). Customer is responsible for all applicable sales, use, or other taxes except those based on Obliq’s income.
  4. Suspension for Non-Payment. If Customer fails to pay Fees when due, Obliq may suspend Customer’s access to the Services after providing 10 days’ written notice and an opportunity to cure.

6. Proprietary Rights

  1. Ownership. The Services (including all software, technology, trademarks, trade secrets, and documentation) are and will remain the sole and exclusive property of Obliq and its licensors.
  2. Customer Data. As between the parties, Customer retains all rights, title, and interest in Customer Data. Obliq may use aggregated, anonymized data for analytics, benchmarking, and product improvement.
  3. Feedback. If Customer or Authorized Users suggest ideas or improvements (“Feedback”), Customer grants Obliq a worldwide, perpetual, royalty-free license to use, modify, and commercialize such Feedback without restriction.

7. Data Privacy and Security

  1. Privacy Policy. Obliq will process any personal data submitted by Customer in accordance with its Privacy Policy, available at https://www.obliq.io/privacy.
  2. Security Measures. Obliq maintains industry-standard technical and organizational measures designed to protect Customer Data against unauthorized access, accidental loss, or alteration. Obliq will notify Customer promptly of any confirmed data breach affecting Customer Data.
  3. Data Residency. Customer Data is stored in secure, Tier-1 data centers located in Australia (or as otherwise specified). If Customer requires data storage in a different region, Obliq may accommodate via a separate written agreement.

8. Confidentiality

  1. Definition. “Confidential Information” means all non-public information disclosed by one party to the other party that is designated confidential or would reasonably be understood as confidential. Customer Data and the Services’ source code are Obliq’s Confidential Information.
  2. Obligations. Each party will (a) not disclose the other party’s Confidential Information to any third party except Authorized Users, (b) use it solely to exercise rights or perform obligations under this Agreement, and (c) protect it with at least the same standard of care it uses to protect its own confidential information, but no less than reasonable care.
  3. Exclusions. Confidential Information does not include information that (a) is or becomes publicly known without breach, (b) is received from a third party without breach, (c) is independently developed without use of Confidential Information, or (d) is required to be disclosed by law or court order (provided the receiving party gives prompt notice and cooperates in limiting disclosure).

9. Warranties and Disclaimers

  1. Mutual Warranties. Each party represents and warrants that: (a) it has the full power to enter into this Agreement, and (b) its performance of obligations will not violate any applicable laws.
  2. Obliq Warranties. Obliq warrants that (a) it will provide the Services in a professional manner consistent with industry standards; and (b) the Services will conform in all material respects to Obliq’s published documentation. If the Services do not meet this warranty, Customer’s sole remedy is for Obliq to use commercially reasonable efforts to correct any non-conformity.
  3. Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OBLIG OR ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OBLIG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

  1. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OBLIG OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUES, PROFIT, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. Aggregate Liability. OBLIG’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO OBLIG UNDER THIS AGREEMENT IN THE 12-MONTH PERIOD PRECEDING THE CLAIM.
  3. Essential Purpose. The parties agree that the limitations of liability set forth in this Section are reasonable and have been factored into the pricing of the Services.

11. Indemnification

  1. By Obliq. Obliq shall defend Customer (its officers, directors, employees) against any third-party claim alleging that use of the unmodified Services infringes a third party’s U.S. patent, copyright, or trademark, and shall indemnify Customer for any resulting damages and costs. Obliq will have sole control of the defense and settlement of any such claim, provided it does not admit liability or impose any obligation on Customer.
  2. By Customer. Customer shall defend Obliq (its officers, directors, employees) against any third-party claim arising from or related to: (a) Customer Data; (b) Customer’s use of the Services in violation of this Agreement or applicable law; or (c) any breach by Customer of Section 4 (Customer Obligations). Customer will have sole control of its defense and settlement.

12. Term and Termination

  1. Term. This Agreement commences on the date Customer accepts it (e.g., by creating an Account or executing an Order Form) and continues for the period specified in the Order Form (the “Initial Term”). Thereafter, it automatically renews for additional one-year periods unless either party gives written notice at least 30 days before the end of the then-current term.
  2. Termination for Cause. Either party may terminate this Agreement (or any Order Form) immediately if the other party: (a) materially breaches any provision and fails to cure within 30 days of written notice; or (b) becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors.
  3. Effect of Termination. Upon termination or expiration:
    • a. Customer’s right to access the Services immediately ends.
    • b. Customer shall pay all Fees accrued through the effective date of termination. No refunds are owed except as expressly provided in these Terms.
    • c. Obliq will make Customer Data available for download for 30 days. After 30 days, Obliq may permanently delete all Customer Data.
    • d. Sections 1 (Definitions), 3.3 (Restrictions), 6 (Proprietary Rights), 7 (Confidentiality), 9 (Warranties and Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), and 13 (General Provisions) survive termination.

13. General Provisions

  1. Governing Law & Jurisdiction. This Agreement is governed by the laws of the State of New South Wales, Australia, without regard to its conflict of laws principles. Each party submits to the exclusive jurisdiction of the courts of New South Wales for any disputes arising under or related to this Agreement.
  2. Export Compliance. Customer shall not export, re-export, or transfer any part of the Services or any underlying technology except in compliance with applicable export laws and regulations.
  3. Force Majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, or failures of third-party services.
  4. Assignment. Customer may not assign or transfer this Agreement without Obliq’s prior written consent. Obliq may assign its rights and obligations to an affiliate or in connection with a merger or sale of substantially all its assets.
  5. No Waiver. The failure of either party to enforce any right or provision under this Agreement shall not constitute a waiver of that right or provision.
  6. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision is replaced by a valid one that most closely matches the parties’ intent.
  7. Notices. All notices under this Agreement shall be in writing and sent to the addresses specified in the Order Form or via email. Notices are deemed given: (a) on receipt if delivered in person or by certified mail, or (b) one business day after sending if sent by a recognized overnight courier.
  8. Entire Agreement. These Terms, along with any Order Forms, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous agreements, whether written or oral.
  9. Relationship of the Parties. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency between the parties.
  10. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement, except Obliq’s licensors as expressly set forth in Section 6.

By using the Obliq platform or any of its Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.

‍