Terms of Use ?

Terms of Use

Effective Date: August 3, 2025

Welcome to ISOWeld, a web application operated by Damien Crane (ABN: 50 803 660 487), a sole trader based in New South Wales, Australia. By accessing or using this website at https://isoweld.damocrane.com, including its Kiosk Module, AI Assistant, global search, and admin interface, you agree to be bound by these Terms of Use. If you do not agree, you must not use the app.

1. Acceptance of Terms

These Terms of Use constitute a legally binding agreement between you (the "User") and Damien Crane, trading as ISOWeld ("we," "us," or "ISOWeld"). Your use of the app, including features such as the Equipment Register, Tooling Register, Documents Register, Jobs, Sign-in Register, and AI Assistant, signifies your acceptance of these terms, our Privacy Policy, and our End-User License Agreement (EULA).

2. Use of the App

ISOWeld provides a platform for managing equipment, tooling, documents, jobs, employee sign-ins, and compliance data, including AI-driven guidance. You agree to:

  • Use the app solely for lawful purposes and in accordance with these terms, Australian laws (e.g., Privacy Act 1988, Online Safety Act 2021), and industry standards (e.g., AS/NZS ISO 3834, AS/NZS 1554).
  • Not upload or share content that is illegal, harmful, defamatory, obscene, or infringes third-party rights (e.g., copyrighted documents, sensitive personal data).
  • Not attempt unauthorized access to the app, its servers, databases, or user accounts (e.g., via hacking, brute force attacks).
  • Not interfere with the app’s functionality, including introducing viruses, malware, or engaging in denial-of-service attacks.
  • Comply with third-party terms (e.g., Microsoft SharePoint, Google Maps API, OpenAI) when using integrated services.
  • Liability Disclaimer: Damien Crane is not liable for any damages, losses, or legal consequences arising from your misuse of the app, violation of these terms, or reliance on app data (e.g., outdated certifications, job records).

3. User Accounts and Security

Access to the app requires a user account:

  • You are responsible for maintaining the confidentiality of your login credentials (e.g., username, password).
  • You must notify us immediately of any unauthorized access at support@isoweld.damocrane.com.
  • Sessions timeout after 30 minutes of inactivity for security. You must log out on shared devices.
  • Liability Disclaimer: Damien Crane is not liable for unauthorized access, data breaches, or losses resulting from your failure to secure your account, sharing credentials, or third-party actions (e.g., cyberattacks).

4. Document Management and Storage

The Documents Register allows users to upload documents (e.g., policies, safety data sheets, certifications) to local storage or Microsoft SharePoint:

  • Content Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of uploaded documents. We do not verify content.
  • Storage Options: Documents stored on SharePoint are subject to Microsoft’s terms and privacy policies. We are not liable for data loss, breaches, or interruptions on SharePoint.
  • File Deletion: You may delete documents, but SharePoint deletions depend on Microsoft’s systems. We are not liable for accidental deletions or retention failures.
  • Liability Disclaimer: Damien Crane is not liable for damages, losses, or legal consequences arising from document content, data loss, or errors in document management (e.g., versioning, access issues).

5. Availability of the App

We strive to maintain app availability but cannot guarantee uninterrupted access:

  • Downtime: The app may be unavailable due to maintenance, server issues, or third-party failures (e.g., SharePoint, Google Maps API, OpenAI outages).
  • Third-Party Services: Features relying on third-party services are subject to their availability and performance.
  • Liability Disclaimer: Damien Crane is not liable for damages, losses, or inconveniences caused by downtime, service interruptions, or third-party failures, including loss of access to documents, jobs, or AI Assistant responses.

6. Intellectual Property

All app content, code, and features (excluding user-uploaded content) are the property of Damien Crane:

  • You may not copy, modify, distribute, reverse-engineer, or decompile the app without written permission.
  • User-uploaded content (e.g., documents, job records) remains your property or that of the rightful owner. By uploading, you grant us a non-exclusive, worldwide, royalty-free license to store, display, and process the content within the app.
  • Liability Disclaimer: Damien Crane is not liable for intellectual property disputes arising from user-uploaded content, including copyright or trademark infringement claims.

7. User Responsibilities and Conduct

You agree to:

  • Ensure the accuracy of data entered (e.g., equipment details, certifications, sign-in records).
  • Not upload unencrypted sensitive personal information (e.g., personal data in documents) without proper safeguards.
  • Comply with Australian laws (e.g., Privacy Act 1988, Online Safety Act 2021) and industry standards (e.g., AS/NZS ISO 3834, AS/NZS 1554).
  • Use AI Assistant queries responsibly, avoiding harmful or illegal content.
  • Liability Disclaimer: Damien Crane is not liable for errors, omissions, or legal violations in user-entered data, including incorrect equipment records, job details, or certifications.

8. 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 app use, including loss of data, profits, or business opportunities.
  • Data breaches, loss, or corruption caused by third-party services (e.g., SharePoint, OpenAI), cyberattacks, or user negligence.
  • Service interruptions, downtime, or data loss due to server failures, internet outages, or other events beyond our control.
  • Errors or omissions in user-uploaded content (e.g., outdated safety data sheets, certifications).
  • Injuries, damages, or legal consequences from reliance on app data (e.g., AI Assistant responses, first aid records).
  • Disputes, claims, or liabilities arising from user actions, including misuse or credential sharing.

The app is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.

9. Indemnification

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

  • Your use of the app, including uploaded content or AI queries.
  • Your violation of these Terms of Use, the Privacy Policy, the EULA, or applicable laws.
  • Third-party claims related to your actions, such as intellectual property or privacy violations.

10. Termination

We reserve the right to terminate or suspend your access at our discretion, without notice, for reasons including:

  • Violation of these Terms of Use, Privacy Policy, or EULA.
  • Suspected fraudulent, illegal, or harmful activity.
  • Non-payment of fees (if applicable).
  • Liability Disclaimer: Damien Crane is not liable for damages or losses resulting from termination, including loss of data or access to documents.

11. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of New South Wales, Australia. Disputes arising from app use will be resolved in the courts of New South Wales, and you agree to submit to their jurisdiction. For international users, disputes may be resolved through arbitration under the Australian Centre for International Commercial Arbitration (ACICA) rules, with Sydney, NSW, as the seat of arbitration.

12. Changes to These Terms

We may update these Terms of Use, with changes posted at this page and an updated effective date. Continued use after changes constitutes acceptance of the updated terms.

13. Contact Us

For questions about these Terms of Use, contact:

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