Terms of Service

These Terms of Service (Terms) form a legally binding agreement between Cable Water Pty Ltd (ABN 89 695 763 538) (Cablewater, we, us, our) and the customer that accesses or uses the Cablewater platform and related services (you, your or Customer).

Please read these Terms carefully. By creating an account, accessing or using the Service, or clicking to accept these Terms, you agree to be bound by them. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and references to "you" mean both you personally and that organisation.

1. Acceptance and binding effect

By accessing or using the Service you agree to these Terms, our Privacy Policy and any other policies referenced in these Terms, all of which are incorporated by reference. If you do not agree, you must not access or use the Service.

2. Definitions

In these Terms:

• AML/CTF Act means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and its associated rules, regulations and instruments.
• ACL means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Customer Content means all data, text, files, documents and information you (or any user authorised by you) upload, enter, generate or transmit to or through the Service, including information about your end clients, matters, transactions, beneficial owners and personnel.
• Generated Output means documents and other content that the Service produces from Customer Content, including AML/CTF programs, risk assessments, policies and reports.
• Service means the Cablewater platform, our website at cablewater.com.au, and any related software, APIs, content and services we provide.
• Subscription means a paid plan for the Service that you have purchased.

3. Critical disclaimer — not legal advice

The Service is a software tool intended to assist reporting entities to organise and document their AML/CTF compliance. It is not a substitute for legal advice or for the exercise of professional judgement by qualified personnel.

Without limiting any other provision of these Terms, you acknowledge and agree that:

• Cablewater is not a law firm, does not hold itself out as one, and does not provide legal advice. No solicitor-client relationship is created by your use of the Service.
• Generated Output is produced from the information you supply, in part using artificial intelligence, and is general in nature. It may contain errors, inaccuracies, outdated content or content that is not appropriate to your specific circumstances.
• You — not Cablewater — are the reporting entity for the purposes of the AML/CTF Act. You alone are responsible for complying with your obligations under the AML/CTF Act, the Privacy Act, the Spam Act 2003 and any other law that applies to your business.
• You must independently review all Generated Output, satisfy yourself that it is accurate, complete, up to date and appropriate to your circumstances, and have it approved by your senior manager before you adopt or rely on it.
• You should obtain independent legal advice from a qualified Australian legal practitioner where you are uncertain about any aspect of your AML/CTF obligations or about any Generated Output.
• Cablewater does not advise on, make decisions about, or take responsibility for: whether to file a suspicious matter report or threshold transaction report; the accuracy of any such report; whether a particular customer relationship should be entered into, maintained or terminated; whether a person is a politically exposed person, sanctioned person, or higher risk; or any other compliance judgement that the AML/CTF Act requires you (the reporting entity) to make.

4. Eligibility

You may only use the Service if:

• you are at least 18 years of age;
• you are accessing the Service on behalf of a business or organisation lawfully operating in Australia;
• you have authority to bind that organisation to these Terms; and
• you are not barred from using the Service under any applicable law.

5. Account registration and security

You must provide accurate, current and complete information when registering, and keep that information up to date. You are responsible for:

• safeguarding access to your account and all activity under it;
• ensuring that everyone you authorise to use the Service complies with these Terms;
• promptly notifying us of any unauthorised access, security breach or suspected compromise; and
• keeping the email address associated with your account current so that you can receive sign-in links and service notices.

We may refuse registration, or suspend or terminate any account, in our reasonable discretion to protect the Service or other users.

6. Subscriptions, fees, free trial and taxes

Some features of the Service are free; others require a paid Subscription. The features included in each plan and the applicable fees are described on our pricing page or in an order form agreed with you.

• Free trial. If we offer a free trial, the trial converts to a paid Subscription at the end of the trial period unless you cancel before the trial ends. We will tell you the trial duration and how to cancel before you start the trial.
• Billing. Subscription fees are billed in advance on a monthly or annual basis as you select. Payments are processed through our payment provider (Stripe) under Stripe's terms.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current rate, until cancelled. You may cancel auto-renewal at any time through your account settings.
• Price changes. We may change Subscription fees from time to time. Any change will not affect your current billing period. We will give you at least 30 days' written notice (by email or in-app) before any price increase takes effect, and you may cancel before the change applies.
• Taxes. All fees are exclusive of GST and any other applicable taxes, which will be added where required by law.
• Failed payments. If we are unable to process a payment, we may suspend your Subscription on reasonable notice until payment is made.

7. Cancellation and refunds

You may cancel your Subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. Except as required by the ACL or expressly stated in these Terms, fees already paid are not refundable.

Nothing in this section limits any non-excludable rights you may have under the ACL, including any right to a refund for a major failure.

8. Generated Output and AI

The Service uses artificial intelligence (provided by third parties such as Anthropic) to generate compliance documents from the information you supply.

You acknowledge and agree that:

• AI-generated content is probabilistic. It may contain errors, hallucinations, omissions, outdated information, or content that is not appropriate to your circumstances.
• Identical inputs will not always produce identical outputs.
• Cablewater does not warrant that Generated Output is accurate, complete, current, fit for any particular purpose, compliant with the AML/CTF Act or any other law, or free from defects.
• You must review every piece of Generated Output before relying on it, and have your senior manager approve the document in accordance with the Service's approval workflow.
• Where Generated Output describes a process or capability, you are responsible for ensuring that the process or capability is actually implemented in your business and that the description is accurate. We may regenerate or update Generated Output from time to time as the Service evolves and as the law changes; you are responsible for re-reviewing and re-approving updated documents.
• As between you and Cablewater, you own the Generated Output produced for your organisation, subject to the licence we grant in these Terms and to our retained rights in the underlying templates, software, models and tooling.

9. Customer responsibilities and compliance

You are solely responsible for:

• determining whether and how the AML/CTF Act and other laws apply to your business;
• collecting, holding and using personal information about your end clients in accordance with the Privacy Act and the Australian Privacy Principles;
• making all compliance decisions that the AML/CTF Act requires the reporting entity to make, including risk ratings, customer due diligence outcomes, enhanced due diligence, ongoing monitoring, suspicious matter reporting and threshold transaction reporting;
• filing reports with AUSTRAC on time and ensuring those reports are accurate and complete;
• complying with the tipping-off offence in section 123 of the AML/CTF Act and ensuring that information about suspicious matters is disclosed only as permitted by law;
• training your personnel and ensuring that they understand and follow your AML/CTF program;
• obtaining and maintaining independent legal advice where appropriate;
• providing accurate information to the Service and keeping it up to date; and
• ensuring that all individuals whose personal information you upload to the Service have been informed and (where required by law) have consented to that use.

Where the Service displays deadlines, calculations, reminders or status indicators, those are operational aids only. You remain responsible for verifying their accuracy and meeting your statutory obligations.

10. Acceptable use

You must not, and must not permit any other person to:

• use the Service for any unlawful purpose, or in breach of any law or regulation;
• use the Service to upload, generate or transmit any content that is unlawful, defamatory, harassing, infringing, obscene, fraudulent or misleading;
• use the Service in a way that infringes the intellectual property, privacy or other rights of any person;
• circumvent, disable, interfere with or attempt to defeat any security or access controls;
• copy, modify, reverse engineer, decompile, disassemble, scrape or create derivative works from the Service or its underlying software or models, except to the extent expressly permitted by law;
• resell, sublicense, rent, lease or otherwise commercially exploit the Service except as expressly permitted by these Terms or by an authorised reseller agreement;
• access the Service in order to build a competing product or service, or to copy any features, functions or graphics of the Service;
• use any automated means (bots, scrapers, crawlers) to access the Service, other than search engine crawlers indexing publicly available pages;
• upload viruses, worms, trojans or any other malicious code;
• use the Service to send unsolicited communications in breach of the Spam Act 2003 (Cth);
• impersonate any person or misrepresent your affiliation with any organisation; or
• use the Service in any way that could damage, disable, overburden or impair the Service or interfere with any other person's use of it.

We may investigate suspected breaches of this section and may, in our reasonable discretion, suspend or terminate access for users who breach it. Serious breaches may be reported to relevant authorities.

11. Intellectual property

As between you and Cablewater, Cablewater owns and retains all right, title and interest in and to the Service, including all software, designs, models, prompts, templates, schemas, documentation, branding and improvements (the Cablewater IP). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Service during your Subscription term for your internal business purposes.

No rights are granted to you in the Cablewater IP except as expressly set out in these Terms. All other rights are reserved.

If you provide us with any feedback, suggestions or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide licence to use that feedback for any purpose without restriction or compensation.

12. Customer Content and data processing

You retain all right, title and interest in Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, process and otherwise use Customer Content solely as necessary to provide, maintain, secure, support and improve the Service for you, to comply with our legal obligations, and to enforce these Terms.

You represent and warrant that you have all necessary rights, consents and authorisations to upload Customer Content to the Service and to permit us to use it as described in these Terms, and that the Customer Content does not infringe the rights of any third party or breach any applicable law.

We will not use Customer Content for any purpose other than as described in these Terms and in our Privacy Policy. We will not sell Customer Content. We will not use Customer Content to train third-party AI models.

Where Customer Content includes personal information about your end clients, you are the entity responsible to those individuals under the Privacy Act and we act as a service provider on your behalf. You are responsible for ensuring that your collection and use of that personal information complies with the Privacy Act and the Australian Privacy Principles.

13. Third-party services

The Service may integrate with or rely on third-party services (for example, payment processing, identity verification, sanctions and PEP screening, AI generation, hosting and email delivery). Your use of those third-party services may be subject to additional terms imposed by the third party. Cablewater is not responsible for the acts, omissions, content, accuracy, availability or security of any third-party service, and we make no representation or warranty about them.

14. Service availability and modifications

We will use reasonable efforts to make the Service available on a continuous basis, but we do not warrant that the Service will be uninterrupted, error-free or secure. The Service may be unavailable from time to time for scheduled maintenance, emergency maintenance, upgrades, or for reasons beyond our reasonable control.

We may modify, add to, remove from, suspend or discontinue any part of the Service from time to time. We will use reasonable efforts to give you advance notice of material changes that adversely affect your use of the Service.

15. Suspension and termination

You may terminate your Subscription at any time through your account settings, with effect at the end of the current billing period.

We may suspend or terminate your access to the Service:

• immediately, if you materially breach these Terms and (where the breach is capable of remedy) you fail to remedy the breach within 14 days of notice;
• immediately, if we reasonably believe your use of the Service poses a security, legal or reputational risk to Cablewater, our other customers or any third party;
• immediately, if you fail to pay any amount that is overdue and you fail to cure that failure within 14 days of notice;
• immediately, if you become insolvent or enter into any form of external administration; or
• on 30 days' written notice for convenience.

On termination, your right to access and use the Service ends. Sections of these Terms that by their nature should survive termination (including disclaimers, limitations of liability, indemnities, intellectual property and governing law) survive.

16. Data export and post-termination retention

Before termination of your Subscription, you may export Customer Content using the export functionality provided in the Service. After termination, we will give you a reasonable period (at least 30 days) during which you may request an export of Customer Content if you have not already taken one.

After that period, we may delete or de-identify Customer Content. However, where Customer Content forms part of records that you (as a reporting entity) are required to retain for at least seven (7) years under the AML/CTF Act, we will continue to retain that content in read-only form for the duration of the statutory retention period and you will continue to have access to export it. Further details are set out in our Privacy Policy.

17. Warranties and disclaimers

To the maximum extent permitted by law, the Service and all Generated Output are provided "as is" and "as available", without any representation, warranty, guarantee or condition of any kind, whether express, implied or statutory, including any implied warranty of merchantable quality, fitness for a particular purpose, non-infringement, or accuracy.

Without limiting the previous paragraph, we do not warrant that:

• the Service or any Generated Output will be accurate, complete, current or compliant with the AML/CTF Act, the Privacy Act or any other law;
• the Service will meet your specific requirements, expectations or compliance objectives;
• the Service will be uninterrupted, secure, error-free, or free from harmful components;
• any defects in the Service will be corrected; or
• any third-party services integrated with the Service will operate as expected.

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, term or condition implied or imposed by the ACL or any other law that cannot lawfully be excluded, restricted or modified (a Non-Excludable Right).

18. Limitation of liability

Read this section carefully. It limits Cablewater's liability to you.

Subject to your Non-Excludable Rights, and to the maximum extent permitted by law:

• Excluded losses. Cablewater will not be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of anticipated savings, loss or corruption of data, business interruption, or any regulatory penalty, fine, infringement notice, enforcement action or other amount imposed by AUSTRAC or any other regulator or governmental authority on you or any third party, in each case whether arising in contract, tort (including negligence), under statute or otherwise, and whether or not we were advised of the possibility of such losses.
• Aggregate cap. Cablewater's total aggregate liability to you for all claims arising out of or in connection with the Service or these Terms, whether arising in contract, tort (including negligence), under statute or otherwise, is limited in aggregate to the lesser of (a) the total fees paid by you to Cablewater in the twelve (12) months immediately before the event giving rise to the claim, or (b) one thousand Australian dollars (A$1,000) where you have not paid any fees during that period.
• Liability for breach of Non-Excludable Rights. To the extent that we are liable for a breach of a Non-Excludable Right and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again, as permitted by section 64A of the ACL.
• Allocation of risk. You acknowledge that the limitations and exclusions in this section reflect a reasonable and fair allocation of risk between you and us, and form an essential basis of the bargain between us. The fees payable for the Service would be substantially higher without these limitations.

19. Indemnity

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Cablewater, its directors, officers, employees, contractors and agents from and against all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal costs on a solicitor-and-own-client basis) arising out of or in connection with:

• your or your authorised users' use of the Service;
• your breach of these Terms or any law;
• any Customer Content, including any allegation that Customer Content infringes the rights of, or has caused harm to, any third party;
• your acts or omissions as a reporting entity under the AML/CTF Act, including any decision to file or not file a report, any handling of customer due diligence, any sanctions or PEP determination, any communication with AUSTRAC or any other regulator, and any disclosure or non-disclosure to a customer; and
• any handling of personal information about your end clients, including any claim by an end client or any complaint to the Office of the Australian Information Commissioner.

Your indemnity obligations do not apply to the extent that a claim arises from our wilful misconduct or fraud.

20. Australian Consumer Law

Nothing in these Terms operates to exclude, restrict or modify any guarantee, right or remedy that you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. If any provision of these Terms would otherwise have that effect, that provision is to be read down to the minimum extent necessary to comply with the law.

21. Force majeure

Neither party is liable for any failure or delay in performance of its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil disturbance, government action, labour disputes, internet or telecommunications failures, third-party service failures or cyber-attack.

22. Changes to these Terms

We may update these Terms from time to time. The updated Terms will be posted on this page with a new "Last updated" date. If we make material changes that adversely affect you, we will give you reasonable advance notice (at least 30 days) by email or in-app notice before the changes take effect. If you do not agree to the updated Terms, your sole remedy is to stop using the Service and cancel your Subscription before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

23. Governing law and jurisdiction

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 and the Federal Court of Australia (and any courts hearing appeals from them) in respect of any dispute arising out of or in connection with these Terms or the Service.

24. General

• Entire agreement. These Terms (together with our Privacy Policy and any order form or written agreement between us) form the entire agreement between you and us about the Service and supersede any prior agreement, understanding or representation.
• No waiver. A failure or delay by us to exercise any right under these Terms is not a waiver of that right.
• Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be severed and the remainder will continue in full force.
• Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or novate these Terms to an affiliate or successor in connection with a merger, acquisition or sale of assets.
• No third-party beneficiaries. These Terms are for the benefit of you and us only and do not create any rights in any third party.
• Independent contractors. The parties are independent contractors. These Terms do not create any partnership, agency, joint venture or employment relationship.
• Notices. We may give you notices by email to the address associated with your account or by posting in the Service. You may give us notice by email to legal@cablewater.com.au.

25. Contact us

If you have any questions about these Terms, please contact us:

Cable Water Pty Ltd
ABN 89 695 763 538 · ACN 695 763 538
Email: legal@cablewater.com.au