End-User Licence Agreement

BaSIM Web Service EULA, version 2026-09-02-placeholder

This End-User Licence Agreement (Agreement) is between you, including the organisation you represent, and Innealta Software (we, us, or BaSIM). It governs your access to and use of the BaSIM hosted software, documentation, analysis functions, simulation credits, and related services (Service). By creating an account, accepting this Agreement, or using the Service, you agree to it. Do not use the Service if you do not agree.

1. Licence and accounts

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal engineering, analysis, and planning purposes. You are responsible for account security, the accuracy of account information, and activity performed through your account. You must not share credentials, circumvent access or credit controls, resell access, or use the Service to develop a competing service.

2. Project credits and free access

Simulation credits are allocated to a project and are consumed when a commercial design or clogging analysis is submitted. Credits are not cash, are not transferable except as permitted by us, and are not refundable except where required by law or expressly agreed. We may offer free access to authenticated addresses ending in .gov.au and to specified Innealta accounts. Eligibility may be verified, limited, suspended, or changed on notice.

3. Inputs, outputs, and professional judgment

You retain ownership of data you submit. You grant us a limited right to process that data only to operate, secure, support, and improve the Service. You are solely responsible for confirming the accuracy, completeness, units, provenance, and suitability of all inputs, including uploaded hydrographs.

The Service is a computational aid and does not provide engineering, hydrology, legal, planning, or other professional advice. You must independently verify assumptions, model inputs, outputs, limitations, applicable standards, site conditions, and design decisions. You remain responsible for all professional deliverables and decisions made in reliance on outputs.

4. Acceptable use

You must not upload unlawful, malicious, infringing, or confidential material without authority; probe or interfere with the Service; reverse engineer it except where that restriction is prohibited by law; or use it in a way that could impair other users. We may investigate suspected misuse and suspend access where reasonably necessary to protect the Service, users, or third parties.

5. Availability, third parties, and data

The Service is provided on an as-available basis. It may depend on third-party providers, including hosting, payment, authentication, and data services. We do not guarantee continuous, error-free, or uninterrupted operation. We may change, maintain, or discontinue features with reasonable notice where practicable. We apply reasonable safeguards, but you should retain your own copies of important inputs and outputs.

6. Intellectual property

We and our licensors retain all rights in the Service and its underlying software, branding, documentation, and content. You may use your own analysis outputs in your work, subject to your responsibility for their interpretation and compliance with this Agreement. Third-party components remain subject to their applicable licences.

7. Disclaimers and liability

To the maximum extent permitted by law, the Service is provided without warranties, including as to fitness for a particular purpose, accuracy, availability, or results. Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

To the maximum extent permitted by law, we are not liable for indirect, consequential, incidental, special, punitive, or exemplary loss, or for loss of profit, revenue, goodwill, data, or business opportunity. Our total liability arising from the Service or this Agreement is limited to the fees you paid for the affected Service in the 12 months before the event giving rise to liability.

8. Suspension and termination

This Agreement continues until terminated. We may suspend or terminate access for material breach, security risk, non-payment, or unlawful use. On termination, your right to use the Service ends. Clauses intended to survive, including ownership, disclaimers, liability, and governing law, survive termination.

9. Governing law

This Agreement is governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

10. Contact and changes

We may update this Agreement by publishing a revised version and requiring acceptance before continued use. Questions about these terms should be directed to Innealta Software through the contact details published with the Service.