AirComply -- Terms of Service

Last updated: 27 March 2026 Effective date: [INSERT LAUNCH DATE]

These Terms of Service ("Terms") govern your use of the AirComply platform, website (aircomply.app), API, and related services ("Service") operated by [ENTITY NAME] ABN [INSERT ABN] ("we," "us," "our," "AirComply").

By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What AirComply Is (And What It Is Not)

1.1 We Provide Information, Not Legal Advice

AirComply provides general information, automated interpretations, and reference tools relating to Australian Modern Awards, the Fair Work Act 2009 (Cth), and the National Employment Standards.

AirComply does not provide legal advice. We are a technology platform, not a law firm, and no solicitor-client or adviser-client relationship is created by your use of the Service.

The information provided by AirComply:

• Is general in nature and may not apply to your specific circumstances
• Is based on automated interpretations of award text that may contain errors
• Should not be relied upon as a substitute for professional legal, accounting, or industrial relations advice
• May not reflect the most recent award variations, Fair Work Commission decisions, or legislative changes

1.2 You Are Responsible for Verification

You are solely responsible for verifying all pay rates, entitlements, and obligations against the current Modern Award as published by the Fair Work Commission (fwc.gov.au) before relying on any information from AirComply.

We strongly recommend that you seek independent professional advice for matters involving:

• Complex pay calculations or disputes
• Enterprise agreements or individual flexibility arrangements
• Underpayment or overpayment claims
• Classification disputes
• Any situation where incorrect pay rates could result in legal liability

1.3 Required Disclaimer

The following disclaimer applies to all outputs, calculations, and information provided by AirComply:

AirComply provides general information and automated interpretations of Australian Modern Awards for reference purposes only. This is not legal advice. Users are solely responsible for verifying all pay rates against the current Award as published by the Fair Work Commission.

2. Accounts and Eligibility

2.1 Account Registration

To access certain features, you must create an account. You agree to:

• Provide accurate and complete information
• Keep your login credentials confidential
• Notify us immediately if you suspect unauthorised access
• Accept responsibility for all activity under your account

2.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

3. Subscriptions, Billing, and Cancellation

3.1 Free and Paid Tiers

AirComply offers both free and paid subscription tiers. The features available in each tier are described on our pricing page. We may change the features included in any tier at any time, with reasonable notice.

3.2 Billing

• Paid subscriptions are billed monthly or annually, as selected at the time of purchase.
• All prices are in Australian Dollars (AUD) and are inclusive of GST unless stated otherwise.
• Payment is processed through our third-party payment provider. By subscribing, you authorise recurring charges to your nominated payment method.
• If your payment fails, we may suspend access to paid features until payment is resolved.

3.3 Cancellation

• You may cancel your subscription at any time through your account settings.
• Cancellation takes effect at the end of your current billing period. You will retain access to paid features until then.
• We do not provide partial refunds for unused portions of a billing period.

3.4 Refunds

• We offer a 14-day refund period from the date of your first paid subscription. If you request a refund within this period, we will refund the full amount.
• After the 14-day period, refunds are provided at our discretion.
• Refund requests can be made by contacting support@aircomply.app.
• Australian Consumer Law guarantees are not affected by this refund policy (see Section 7.3).

3.5 Price Changes

We may change our prices with at least 30 days' notice. Price changes apply to the next billing cycle after the notice period. If you do not agree to the new price, you may cancel before the next billing cycle.

4. Acceptable Use

4.1 You agree not to:

• Use the Service for any unlawful purpose
• Attempt to reverse-engineer, decompile, or disassemble the Service
• Scrape, crawl, or extract data from the Service by automated means without our prior written consent
• Resell, sublicense, or redistribute access to the Service without authorisation
• Interfere with or disrupt the Service's infrastructure
• Impersonate any person or misrepresent your affiliation
• Use the Service to provide legal advice to third parties, unless you are a qualified legal practitioner
• Exceed published API rate limits (for API tier users)

4.2 API Users

If you access the Service through our API:

• You must comply with the API documentation and rate limits
• You must include the required attribution in any product or service that displays AirComply data
• You must not represent AirComply data as your own without attribution
• Your API credentials are personal to your account and must not be shared

5. Data Sources and Accuracy

5.1 Where Our Data Comes From

AirComply's award data is sourced from the Fair Work Commission's Modern Awards Pay Database (MAPD), licensed under Creative Commons Attribution 4.0 International (CC BY 4.0).

AirComply is not affiliated with, endorsed by, or sponsored by the Fair Work Commission or the Commonwealth of Australia.

5.2 Accuracy and Currency

While we make reasonable efforts to keep our data accurate and up to date:

• Award rates change periodically (typically following the Annual Wage Review each July)
• There may be delays between when the Fair Work Commission publishes changes and when our data is updated
• Our automated interpretations of award clauses may differ from official Fair Work Ombudsman guidance or legal interpretations
• Edge cases, ambiguous clauses, and complex scenarios may be interpreted incorrectly

We do not guarantee the accuracy, completeness, or currency of any information provided through the Service.

5.3 Your Obligation

If you use AirComply data to calculate employee pay, set pay rates, or make employment decisions, you accept full responsibility for those decisions. We strongly recommend cross-referencing AirComply outputs with the published award text and seeking professional advice for material decisions.

6. Intellectual Property

6.1 Our IP

The Service, including its design, software, algorithms, rules engine, user interface, and documentation, is owned by us and protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service in accordance with these Terms.

6.2 Award Data

Modern Award text and data published by the Fair Work Commission is licensed under CC BY 4.0 by the Commonwealth of Australia. Our interpretations, calculations, rule logic, and presentation of that data are our own work.

6.3 Your Content

You retain ownership of any data you upload or input into the Service (such as employee details, rosters, or business information). By using the Service, you grant us a limited licence to process your data solely for the purpose of providing the Service to you.

7. Limitation of Liability

7.1 Exclusion of Liability

To the maximum extent permitted by law, AirComply, its directors, employees, contractors, and agents are not liable for any:

• Loss, damage, cost, or expense (whether direct, indirect, consequential, special, or incidental) arising from your use of, or reliance on, the Service
• Underpayment, overpayment, or other payroll errors resulting from your use of information provided by the Service
• Claims, penalties, fines, or legal proceedings brought against you by employees, regulators, unions, or any third party in connection with pay rates or employment conditions
• Loss of data, revenue, profit, or business opportunity
• Damage arising from interruptions to, or unavailability of, the Service

7.2 Cap on Liability

If, despite Section 7.1, we are found liable for any claim, our total aggregate liability to you for all claims arising from or relating to these Terms or the Service is limited to the greater of:

• The amount you paid us in subscription fees in the 12 months preceding the claim; or
• AUD $100.

7.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right that applies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any similar state or territory legislation, to the extent that such legislation applies and cannot be excluded.

Where our liability cannot be excluded under the Australian Consumer Law, our liability is limited (at our option) to:

• Supplying the services again; or
• Paying the cost of having the services supplied again.

7.4 Acknowledgement of Risk

By using the Service, you acknowledge that:

• Payroll and employment law are complex areas where errors can have significant financial and legal consequences, including potential criminal liability under the Fair Work Act
• Automated tools, including AirComply, cannot account for every factual circumstance, enterprise agreement, or individual flexibility arrangement that may apply to a particular employment relationship
• The responsibility for correct payment of employees rests with the employer, not with any third-party tool or information service (consistent with s 550 of the Fair Work Act 2009 (Cth))
• You have been advised to seek independent professional advice and to verify all information before relying on it

8. Indemnification

You agree to indemnify and hold harmless AirComply, its directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your reliance on information provided by the Service
• Your breach of these Terms
• Any claim by a third party (including employees, regulators, or unions) relating to pay rates or employment conditions determined using the Service
• Any claim arising from your re-supply of information obtained through the Service

9. Privacy

9.1 Australian Privacy Act

We collect, use, and disclose personal information in accordance with the Australian Privacy Principles set out in the Privacy Act 1988 (Cth) and our Privacy Policy, available at [aircomply.app/privacy].

9.2 What We Collect

We may collect:

• Account information (name, email, business name)
• Usage data (queries made, features used)
• Payment information (processed by our third-party payment provider; we do not store full card details)
• Employee data you input into the Service (names, pay rates, classifications)

9.3 Employee Data

If you input employee personal information into the Service:

• You represent that you have the necessary consent or legal basis to do so
• You remain the data controller for that information
• We process it solely to provide the Service and do not use it for any other purpose
• We do not sell personal information to third parties

9.4 Data Storage

Your data is stored on servers located in Australia (Cloudflare's Sydney region where available). We implement industry-standard security measures to protect your data.

9.5 Data Breach Notification

In the event of a data breach involving your personal information, we will notify you and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches scheme under Part IIIC of the Privacy Act 1988 (Cth).

10. Service Availability

10.1 Uptime

We aim to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance (we will provide reasonable notice where practicable)
• Unplanned outages
• Circumstances beyond our reasonable control

10.2 Modifications

We may modify, update, or discontinue any part of the Service at any time. If we discontinue a paid feature, we will provide at least 30 days' notice and a pro-rata refund of any prepaid fees for the discontinued feature.

11. Termination

11.1 By You

You may terminate your account at any time by cancelling your subscription and contacting us at support@aircomply.app.

11.2 By Us

We may suspend or terminate your account if:

• You breach these Terms
• You engage in conduct that we reasonably believe is harmful to other users, us, or the Service
• We are required to do so by law

We will provide reasonable notice before termination where practicable, unless immediate termination is necessary to prevent harm or comply with legal obligations.

11.3 Effect of Termination

Upon termination:

• Your access to the Service ceases
• We may delete your data after 30 days (we will provide an opportunity to export your data before deletion)
• Sections 1.1, 1.2, 5.3, 6, 7, 8, and 13 survive termination

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Email to the address associated with your account; and/or
• A prominent notice on the Service

Continued use of the Service after the effective date of updated Terms constitutes your acceptance of those Terms.

13. General

13.1 Governing Law

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction over any dispute arising from these Terms.

13.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AirComply regarding the Service.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.

13.4 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

13.5 Assignment

You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without your consent.

13.6 Force Majeure

We are not liable for any failure to perform our obligations where that failure results from circumstances beyond our reasonable control, including natural disasters, government actions, internet outages, or third-party service failures.

14. Contact Us

If you have questions about these Terms, contact us at:

• Email: support@aircomply.app
• Website: aircomply.app

IMPORTANT REMINDER: AirComply provides general information and automated interpretations of Australian Modern Awards for reference purposes only. This is not legal advice. You are solely responsible for verifying all pay rates against the current Award as published by the Fair Work Commission.