Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Fernable platform and services (“Service”) operated by Fernable Pty Ltd ACN [pending] (“Fernable”, “we”, “us”). By accessing or using the Service you agree to be bound by these Terms.

1. Eligibility

The Service is intended for use by businesses and their authorised representatives. You must be at least 18 years old and have the authority to bind your organisation to these Terms. By using the Service you represent that you meet these requirements.

2. Account Registration

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Notify us immediately at contact@fernable.com if you suspect unauthorised access.

3. Permitted Use

You may use the Service solely for lawful export operations management purposes. You must not:

• reverse-engineer, decompile, or disassemble any part of the Service;
• use the Service to process data on behalf of third parties without our written consent;
• upload or transmit malicious code or interfere with the integrity of the Service;
• resell, sublicense, or commercially exploit the Service without our prior written consent;
• use the Service in a manner that violates applicable export control or trade laws.

4. Your Data

You retain ownership of all data you upload to or generate within the Service (“Customer Data”). You grant Fernable a limited licence to process Customer Data solely to provide and improve the Service. We will not sell your Customer Data to third parties. Our handling of personal information is described in our Privacy Policy.

5. Compliance Information

The Service provides compliance guidance based on publicly available regulatory information (including MICOR, JAEPA, and NEXDOC rules). This guidance is for informational purposes only and does not constitute legal, customs, or biosecurity advice. You remain solely responsible for ensuring your shipments comply with all applicable laws and regulations. Fernable makes no warranty that compliance information is complete, current, or applicable to your specific circumstances.

6. Intellectual Property

The Service, including its software, design, and content (excluding Customer Data), is owned by Fernable or its licensors and is protected by applicable intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you other than the limited right to use the Service as described herein.

7. Fees and Payment

Subscription fees, billing cycles, and payment terms are set out in your order form or subscription agreement. Fees are exclusive of GST and any other applicable taxes, which are your responsibility. We reserve the right to suspend access for overdue accounts after reasonable notice.

8. Confidentiality

Each party agrees to keep the other's confidential information (including pricing and technical details) in confidence and not to disclose it to third parties without prior written consent, except as required by law.

9. Disclaimers

The Service is provided “as is” and “as available”. To the maximum extent permitted by law, Fernable disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

10. Limitation of Liability

To the maximum extent permitted by law, Fernable's aggregate liability arising out of or related to these Terms or the Service will not exceed the fees paid by you in the 12 months preceding the claim. In no event will Fernable be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, even if advised of the possibility of such damages.

Nothing in these Terms limits liability that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

11. Termination

Either party may terminate these Terms on written notice. We may suspend or terminate your access immediately if you breach these Terms or if required by law. On termination, your right to use the Service ceases. We will make your Customer Data available for export for 30 days following termination before deletion.

12. Changes to Terms

We may update these Terms from time to time. We will notify you by email or in-app notice at least 14 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales for any dispute arising under or in connection with these Terms.

14. Contact

Questions about these Terms may be directed to contact@fernable.com.