Terms of Service

1. About these terms

These Terms of Service ("terms") are an agreement between you and LOGFYX ("we", "us"). They apply when you use the LOGFYX app at logfyx.app, its sign-in pages for visitors, contractors, drivers and transport companies, any LOGFYX emails, links, certificates or downloads, and this website (together, "LOGFYX").

By using LOGFYX, or by ticking to agree in the app, you accept these terms and our Privacy Policy. If you don't agree, please don't use LOGFYX.

Most people use LOGFYX through an organisation, such as their employer or a site they visit (an "organisation"). The organisation's own agreement with us (the "Customer Agreement") covers the commercial terms, such as plans, fees and service levels. If the Customer Agreement and these terms disagree, the Customer Agreement applies to the organisation.

2. Our intellectual property

LOGFYX and everything in it belongs to us or our licensors and is protected by Australian and international copyright, trade mark, design and other intellectual property laws. This includes:

• the software and source code of the app and this website, and how they work;
• the design of LOGFYX: its look and feel, layouts, screens, colours, typography, icons, illustrations, animations, video and the way information is arranged and presented;
• the structure and wording of our forms, checklists, questions, declarations, assessments, scoring methods, workflows, notifications, reports, exports, calculators and tools;
• our help guides, documentation, emails, certificates, templates and other written content;
• the LOGFYX name, logo, arrow mark and other branding (our trade marks); and
• any updates, improvements and new versions of any of the above.

Using LOGFYX doesn't transfer any of this to you. Apart from the limited right to use LOGFYX in section 3, all rights are reserved.

Our forms and checklists stay our intellectual property even when they have been filled in with your organisation's information. Your organisation owns the information it enters (see section 5); we own the form it was entered into.

If we build custom forms, tools or features for an organisation, we own them unless the Customer Agreement says otherwise in writing.

Some content belongs to others, such as reference tables from public guides, third-party fonts and the names of regulators. It is used with permission or under the law, and its owners keep their rights.

3. Your right to use LOGFYX

While your organisation's account is active and you follow these terms, we give you a personal, non-exclusive, non-transferable and revocable right to use LOGFYX for your organisation's work health, safety and compliance purposes. Visitors, contractors, drivers and transport companies may use the sign-in and response pages for the purpose they were sent to you. Anyone may browse this website for information about LOGFYX.

4. What you must not do

Unless we agree in writing, or the law allows it despite these terms, you must not:

• copy, reproduce, modify, translate or adapt LOGFYX or any part of it, including its design, screens, forms, checklists, questions, workflows or content;
• imitate the look and feel of LOGFYX, or use our forms, checklists or tools as a template for your own or anyone else's product, paper forms or software;
• reverse engineer, decompile, disassemble or try to discover the source code, structure or methods of LOGFYX;
• use LOGFYX, or anything learned from it, to build, train, design or improve a product or service that competes with LOGFYX;
• scrape, crawl, harvest or mine LOGFYX or this website by automated means, or use any of its content to train artificial intelligence or machine learning models;
• sell, resell, rent, license, share or give access to LOGFYX to anyone who isn't authorised to use it;
• frame or mirror LOGFYX, or present it as part of another website or product;
• remove or change any copyright, trade mark or other notice;
• use the LOGFYX name, logo or branding, or anything confusingly similar, without our written permission;
• try to get around our security, access anything you aren't authorised to see, or test, probe or overload LOGFYX;
• upload anything harmful, such as viruses, or anything unlawful, misleading, offensive or that you don't have the right to share; or
• use LOGFYX in any way that breaks the law or harms anyone.

You may take screenshots and print records for your organisation's own internal use, such as training, audits and inspections.

5. Your data

"Your data" means the information that you or your organisation put into LOGFYX, such as records, photos, signatures, notes and documents.

• Your organisation owns its data. We don't claim ownership of it, and we never sell it or use it for advertising.
• You (and your organisation) give us permission to store, copy, process, transmit and display your data, but only as needed to provide, secure, support and maintain LOGFYX, and as described in our Privacy Policy.
• We may create de-identified, aggregated information from how LOGFYX is used, such as how many checks are completed, which can't identify any person or organisation. We own that information and use it to run and improve LOGFYX.
• You must have the right to record what you put into LOGFYX, including other people's details and photos.
• Your organisation decides who in it can see and manage its data, and can download its records from LOGFYX. What happens to the data when an organisation leaves is set out in its Customer Agreement and our Privacy Policy.
• We keep your data secure as described in our Privacy Policy.

6. Your account and PIN

• Your organisation sets up your account. Use your own account only, and never share it.
• Keep your PIN secret. Anything done in LOGFYX while signed in as you is treated as done by you, unless you have told us or your organisation that your account may have been misused.
• Tell your organisation, or email us at start@logfyx.com, straight away if you think someone else has used your account.
• Your organisation can change your role or switch off your access at any time.

7. Records and electronic signatures

• When you sign in LOGFYX, or confirm, declare or acknowledge something, that is your signature. You agree it is as binding as signing on paper, under the Electronic Transactions Act 1999 (Cth) and the equivalent state and territory laws.
• Record information truthfully and accurately. Records can be relied on by your organisation, regulators and others. Making a false or misleading record may break the law.
• LOGFYX stamps each record with the date and time it was saved. Records can't be changed after they are submitted, except as LOGFYX allows, such as resolving a failed check with a comment.

8. Safety and compliance

• LOGFYX helps your organisation run and record its safety checks. It doesn't replace your organisation's own judgement, procedures or professional advice, or anyone's duties under the Heavy Vehicle National Law, work health and safety laws or any other law.
• Calculators, guides and reference information, such as load restraint and mass calculations, are aids. Check the results against the official guidance and the situation in front of you.
• Fitness for duty and fatigue assessments help identify risks. They aren't a medical diagnosis.
• If something is unsafe, act on it. Don't wait for LOGFYX.

9. Availability and changes

• We work to keep LOGFYX available and reliable, but it may sometimes be unavailable, for example during maintenance or because of mobile coverage or faults outside our control. Have a back-up process for critical safety checks.
• We keep improving LOGFYX, so features may be added, changed or retired. Commitments to an organisation about features and service levels are in its Customer Agreement.

10. Feedback

We welcome ideas and suggestions. If you give us feedback, we may use it freely, without any obligation to you, and any improvements we make from it belong to us.

11. Other services and links

LOGFYX works with other services, such as email, text messages, maps and the security check on sign-in pages, and may link to other websites. We aren't responsible for other websites or for services we don't control.

12. Suspending or ending access

We may suspend or end your access to LOGFYX if you break these terms, if your organisation's account ends, or if we need to protect LOGFYX, its users or anyone else. Sections 2, 4, 5, 13 and 14 keep applying after your access ends.

13. Liability

• Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can't be excluded.
• Subject to that, LOGFYX is provided as it is, and to the extent the law allows, we aren't liable for any indirect or consequential loss, or for loss of data, profit or revenue, arising from your use of LOGFYX.
• For organisations, our liability is set out in the Customer Agreement.
• You are responsible for loss we suffer because you deliberately or knowingly break sections 2 or 4 of these terms.

14. General

• We may update these terms. The date at the top of this page shows when they last changed. When they change, people using the app are asked to agree to the new version.
• If any part of these terms can't be enforced, the rest still applies. If we don't enforce a term straight away, we can still enforce it later.
• These terms are governed by the laws in force in Australia, and Australian courts can hear any dispute.
• Questions about these terms: email start@logfyx.com. Privacy questions: privacy@logfyx.com.