End-User License Agreement (EULA) ?

End-User License Agreement (EULA)

Effective Date: August 3, 2025

This End-User License Agreement ("EULA") is a legal agreement between you (the "Licensee") and Damien Crane (ABN: 50 803 660 487), a sole trader based in New South Wales, Australia, trading as ISOWeld ("Licensor"). This EULA governs your use of the ISOWeld software, including the web application, Kiosk Module, AI Assistant, global search, and admin interface (collectively, the "Software") available at https://isoweld.damocrane.com. By accessing or using the Software, you agree to be bound by this EULA, our Terms of Use, and our Privacy Policy. If you do not agree, you must not use the Software.

1. License Grant

The Licensor grants you a non-exclusive, non-transferable, revocable license to use the Software for internal business purposes, subject to this EULA. The Software includes:

  • Kiosk Module for employee sign-ins and asset management.
  • AI Assistant for compliance queries and notifications.
  • Global search for accessing compliance and operational data.
  • Admin interface for managing users, documents, jobs, and assets.

2. Restrictions

You agree not to:

  • Copy, modify, distribute, sublicense, or create derivative works of the Software.
  • Reverse-engineer, decompile, or disassemble the Software, except as permitted by law.
  • Use the Software for unlawful purposes or in violation of Australian laws (e.g., Privacy Act 1988, Online Safety Act 2021) or industry standards (e.g., AS/NZS ISO 3834, AS/NZS 1554).
  • Share or resell access to the Software without written permission.
  • Liability Disclaimer: Damien Crane is not liable for damages or losses arising from unauthorized use, modification, or distribution of the Software.

3. Ownership

The Software and its code, design, and content (excluding user-uploaded content) are owned by Damien Crane. User-uploaded content (e.g., documents, job records) remains your property or that of the rightful owner. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to store, display, and process it within the Software.

Liability Disclaimer: Damien Crane is not liable for intellectual property disputes arising from user-uploaded content.

4. Third-Party Services

The Software integrates third-party services (e.g., Microsoft SharePoint, Google Maps API, OpenAI). These services are subject to their own terms and privacy policies. Damien Crane is not liable for their performance, availability, or data handling practices.

5. Updates and Maintenance

We may update the Software to improve functionality or compliance. Updates are provided at our discretion, and we are not obligated to provide support or maintenance. You are responsible for maintaining compatible hardware and software.

Liability Disclaimer: Damien Crane is not liable for damages, losses, or interruptions caused by updates, maintenance, or compatibility issues.

6. User Responsibilities

You agree to:

  • Maintain the confidentiality of login credentials and notify us of unauthorized access at support@isoweld.damocrane.com.
  • Ensure the accuracy of data entered (e.g., certifications, job records).
  • Use the Software in compliance with Australian laws and industry standards.
  • Liability Disclaimer: Damien Crane is not liable for errors, omissions, or legal violations in user-entered data or misuse of the Software.

7. Limitation of Liability

To the fullest extent permitted by Australian law, Damien Crane, trading as ISOWeld, is not liable for:

  • Direct, indirect, incidental, or consequential damages arising from Software use, including loss of data, profits, or opportunities.
  • Data breaches, loss, or corruption caused by third-party services, cyberattacks, or user negligence.
  • Service interruptions, downtime, or compatibility issues.
  • Errors or omissions in user-uploaded content or reliance on Software outputs.

The Software is provided "as is" without warranties of merchantability, fitness for a particular purpose, or non-infringement.

8. Indemnification

You agree to indemnify and hold harmless Damien Crane from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Software, including uploaded content.
  • Your violation of this EULA, Terms of Use, Privacy Policy, or applicable laws.
  • Third-party claims related to your actions.

9. Termination

We may terminate or suspend your license at our discretion, without notice, for violation of this EULA, Terms of Use, Privacy Policy, or suspected illegal activity. Upon termination, you must cease using the Software and delete any copies.

Liability Disclaimer: Damien Crane is not liable for damages or losses resulting from termination, including loss of data or access.

10. Governing Law and Dispute Resolution

This EULA is governed by the laws of New South Wales, Australia. Disputes will be resolved in NSW courts, and you agree to their jurisdiction. For international users, disputes may be resolved through arbitration under ACICA rules, with Sydney, NSW, as the seat.

11. Changes to This EULA

We may update this EULA, with changes posted at this page and an updated effective date. Continued use after changes constitutes acceptance.

12. Contact Us

For EULA inquiries, contact:

Damien Crane
Sole Trader, ISOWeld
support@isoweld.damocrane.com
0498251470
New South Wales, Australia