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Terms of Service

Welcome to Path!

These Terms of Service (the “Agreement”) form a legal agreement between Path Powered Pty Ltd (“Path”) and you or the entity you represent (“you” or “your”). This Agreement governs your use of our services available at pathpowered.com and its subdomains (the “Services”).

1. Acceptance

By accessing or using our Services in any manner, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you are authorized to bind that entity.

The Agreement becomes effective upon your first use or access of the Services and will remain in effect until terminated by either party (the “Term”).

2. Services

Subject to the terms of this Agreement, Path grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Services during the Term.

Path may modify the Services at any time, including adding or removing functionality or imposing conditions or restrictions on the use of the Services.

3. Your Account

You must be at least 18 years of age to use the Services.

You agree to provide and maintain accurate, complete, and current information for your account. This includes your contact information, payment details, and any business information displayed through the Services. Failure to maintain accurate account information may result in suspension or termination of your account.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Path of any unauthorized use of your account or any other breach of security.

4. Your Content

You are solely responsible for any content that you upload or transmit via the Services (“Your Content”). You represent and warrant that Your Content does not:

  • Infringe any intellectual property or privacy rights
  • Be deceptive, defamatory, spam, obscene, pornographic, or unlawful
  • Contain software viruses, malware, or any other malicious code
  • Interfere with or disrupt the integrity or performance of the Services
  • Harm or violate the rights of any third party

To report alleged intellectual property infringement, contact:

Path Powered Pty Ltd
2/290 Boundary Street, Spring Hill, QLD 4000
abuse@pathpowered.com

5. Data Use and Protection

You grant Path a non-exclusive, worldwide, royalty-free license to use, store, reproduce, modify, and create derivative works of Your Content solely to provide the Services.

You are solely responsible for regularly backing up Your Content. While Path may implement backup protocols as part of its regular operations, Path does not guarantee the availability, completeness, or integrity of your data and shall not be liable for any loss or corruption of Your Content.

Path is not obligated to retain Your Content after termination of this Agreement except as required by applicable law or as necessary to fulfill post-termination obligations.

Path’s Privacy Policy explains how and for what purposes Path collects, uses, retains, discloses and safeguards the personal information you provide to Path.

6. Fees

The fees for using the Services are displayed on our website. Path may update its fees by publishing the revised fee schedule on our website. Changes will apply at the next renewal period. Any additional fees will only apply if agreed upon in writing.

All fees are exclusive of taxes unless explicitly stated otherwise. You are responsible for all applicable taxes in Australia and overseas.

7. Disclaimer and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PATH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE SERVICES CONSTITUTE EARLY-STAGE SOFTWARE AND ACCEPT THE INHERENT LIMITATIONS AND RISKS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PATH'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO PATH IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN NO EVENT SHALL PATH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF PATH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to indemnify, defend, and hold harmless Path, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services or any breach of this Agreement.

9. Suspension and Termination

You may terminate this Agreement with written notice to Path, effective immediately at the end of the current paid term.

Path may temporarily suspend Services without notice to perform maintenance or address immediate security, stability, or reliability concerns.

Path may suspend Services or terminate this Agreement at any time, with or without notice, for any non-arbitrary reason including:

  • You breach any provision of this Agreement
  • Your use of the Services harms, or may harm Path or any third party
  • Your use of the Services degrades, or may degrade, the security, stability, or reliability of the Path services
  • Path is required to do so by law
  • Path decides to cease providing the Services

The provisions that by their nature are intended to survive termination (including Sections 7, 8, and 10) will remain in effect after termination of this Agreement.

10. General Provisions

  • Governing Law: This Agreement shall be governed by the laws of Queensland, Australia, without regard to its conflict of law principles. You agree to submit to the jurisdiction of the courts located in Queensland for any disputes arising out of or relating to this Agreement.
  • Modifications to Agreement: Path may modify this Agreement at any time by posting the revised terms on our website. Your continued use of the Services after such changes constitutes acceptance of the modified terms. If you do not agree to the modified terms, you must stop using the Services.
  • Free determination: Unless expressly stated otherwise, where this Agreement provides that Path may make a decision or determination, Path shall have the sole and absolute discretion in making such decision or determination.
  • Waivers: No failure or delay by Path in exercising any provision under this Agreement will constitute a waiver of that provision. No waiver will be effective unless made in writing by Path.
  • Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
  • Force Majeure: Path shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, government actions, or failures of suppliers or carriers.
  • Assignment: You may not assign or transfer any rights or obligations under this Agreement without Path’s prior written consent. Any attempted assignment or transfer without such consent will be void in each instance. Path may assign, transfer, or subcontract this Agreement, including any of its rights or obligations under this Agreement without your consent.
  • Notices: All notices under this Agreement must be sent in writing via email to support@pathpowered.com (for Path) or to the email address registered with your account (for you). Notices will be deemed received when the email is sent.
  • Entire Agreement: This Agreement, together with the Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and Path regarding the Services and supersedes all prior agreements and understandings, whether written or oral.

Last modified: 3 April 2025