Terms of Service

1. Acceptance of Terms

By accessing or using the Hexis platform ("Service"), operated by Hexis (ABN pending) ("Company", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including organisations, administrators, and individual users granted access through an organisation's account. By using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

2. Description of Services

Hexis provides a cloud-based workforce management platform that runs the full employee lifecycle. The platform is organised into suites that may be enabled as part of your subscription, including, but not limited to:

• HCM — HR core, the worker record and onboarding
• ATS — Recruiting and applicant tracking
• WFM — Rostering, scheduling and time
• Payroll — Pay runs and STP2 reporting
• Commercial — Clients, contracts and billing
• Engagement — Communication and sentiment
• HSSEQ & GRC — Safety, governance, risk and compliance
• L&D & Assets — Learning, competency and asset management

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will endeavour to provide at least 30 days' notice for material changes that affect your use of the Service.

3. User Accounts and Responsibilities

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorised access or use of your account
• Ensuring that all users within your organisation comply with these Terms

You must not share your account credentials with third parties, use the Service for any unlawful purpose, attempt to gain unauthorised access to any part of the Service, or interfere with the proper functioning of the Service.

4. Subscription and Payment

Access to the Service is provided on a subscription basis. Fees, billing cycles, and payment terms are set out in your subscription agreement or order form. All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

We reserve the right to adjust pricing with at least 30 days' written notice prior to your next billing cycle. Failure to pay fees when due may result in suspension or termination of your access to the Service.

5. Intellectual Property

All intellectual property rights in the Service, including software, algorithms, models, designs, trademarks, and documentation, remain the exclusive property of Hexis. Nothing in these Terms transfers any ownership of intellectual property to you.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during the term of your subscription.

You retain ownership of all data you upload to or generate through the Service ("Your Data"). You grant us a limited licence to process Your Data solely for the purpose of providing the Service to you.

6. Data Protection and Privacy

We are committed to protecting your data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). Our collection, use, and handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

Where the Service processes personal information of candidates, employees, or other individuals on your behalf, you acknowledge that:

• You are responsible for ensuring you have the necessary consents and legal basis to collect and share such personal information with us
• We will process such information only as necessary to provide the Service and in accordance with your instructions
• We will implement appropriate technical and organisational measures to protect personal information

7. Confidentiality

Each party agrees to keep confidential all information received from the other party that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

8. Limitation of Liability

To the maximum extent permitted by law, the Company's total aggregate liability to you for any claims arising out of or in connection with these Terms or the Service is limited to the total fees paid by you in the 12 months preceding the claim.

To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of the cause of action or theory of liability.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Australian law, including the Australian Consumer Law.

9. Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Service, your breach of these Terms, or your violation of any applicable law or regulation.

10. Termination

Either party may terminate the subscription in accordance with the terms of the applicable order form or subscription agreement. We may also suspend or terminate your access to the Service immediately if:

• You breach any material provision of these Terms and fail to remedy the breach within 14 days of written notice
• You fail to pay any fees when due
• You become insolvent or enter into administration, liquidation, or any similar process

Upon termination, your right to access the Service ceases immediately. We will make Your Data available for export for a period of 30 days following termination, after which we may delete it in accordance with our data retention practices.

11. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control. We will endeavour to provide advance notice of planned maintenance where practicable.

12. Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed from these Terms, and the remaining provisions will continue in full force and effect.

15. Contact

If you have any questions about these Terms, please contact us: