Terms of Service

Last updated: 04/05/2026

These Terms of Service (“Terms”) govern access to and use of Perfomir’s websites, platforms, software, tools, dashboards, AI-assisted features, reports, content, and related services, including Contriqo (together, the “Services”).

By accessing or using the Services, or by creating an account, clicking to accept, subscribing, or entering into an order, quote, proposal or statement of work that references these Terms, you agree to be bound by these Terms.

If you are using the Services on behalf of a company, government body, partnership or other organisation, you represent and warrant that you have authority to bind that entity, and “you” and “your” refer to that entity and its authorised users.

If you do not agree to these Terms, you must not access or use the Services.

The Services are provided by Perfomir (“Perfomir”, “we”, “us” or “our”).

Contact email: contact@perfomir.com.au

You may use the Services only if:

1. you are legally capable of entering into a binding agreement;
2. you are using the Services for lawful business or professional purposes;
3. all information you provide to us is accurate, current and complete; and
4. you comply with these Terms and all applicable laws.

You are responsible for all activity that occurs under your account and for ensuring that your authorised users comply with these Terms.

Perfomir provides contractual risk intelligence, workflow, reporting, and AI-assisted analysis tools designed to support users in reviewing contracts, notices, events, risk signals, claim pathways and related information.

The information presented on Perfomir’s websites and platforms is generated for informational and internal decision-support purposes only. It does not constitute legal advice, financial advice, commercial advice, or any other form of professional advice. While Perfomir aims to improve visibility of contractual risk signals, users should obtain their own independent legal, commercial, financial, and project-specific advice before relying on or acting upon any information, recommendation, forecast, or insight shown on Perfomir’s websites and platforms.

We may update, improve, modify, replace, suspend or discontinue any part of the Services from time to time, including features, functionality, interfaces and content, provided that we do not materially reduce the core paid functionality of your then-current subscription except where required for security, legal, technical or operational reasons.

You must maintain the confidentiality of your login credentials and must not share your account access except as expressly permitted by your subscription plan.

You must promptly notify us if you become aware of any unauthorised access to your account or any security incident affecting your use of the Services.

We may require you to implement reasonable security measures, including password controls, multi-user access controls and prompt removal of access for personnel who no longer require it.

We may offer free demos, trial access, pilot access, promotional credits, beta features or other limited-access offerings.

Unless expressly stated otherwise in writing:

1. free demos, trials and beta features are provided on an “as is” and “as available” basis;
2. they may have limited functionality, usage limits, storage limits or feature restrictions;
3. we may suspend, modify or end them at any time; and
4. they are not intended for production-critical use.

We may require you to upgrade to a paid plan to continue using certain features or to retain continued access beyond the applicable demo or trial period.

You may upload, submit, store, transmit or otherwise provide documents, files, data, text, prompts, inputs, notes, attachments, metadata and other content through the Services (“Customer Content”).

You retain all right, title and interest in and to your Customer Content, subject to the rights you grant to us in these Terms.

You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, store, process, transmit, display, analyse, adapt and use Customer Content only as reasonably necessary to:

1. provide, operate, maintain and improve the Services;
2. generate outputs, reports, analytics and dashboards requested by you or your authorised users;
3. provide support, onboarding and training;
4. maintain security, prevent abuse, troubleshoot and enforce these Terms; and
5. comply with legal obligations.

You represent and warrant that:

1. you own or control all necessary rights, consents and permissions to provide Customer Content to us and to authorise our handling of it under these Terms;
2. your Customer Content and your use of the Services do not infringe any law or third-party right; and
3. you will not upload unnecessary sensitive information or regulated data where it is not reasonably required for your intended use of the Services.

The Services may use automated systems and AI-assisted tools to analyse documents, structured data and related inputs submitted by authorised users.

These tools may generate summaries, classifications, flags, recommendations, risk indicators, analytics, dashboards or other outputs (“Outputs”).

You acknowledge and agree that:

1. Outputs are provided to support human decision-making and workflow efficiency only;
2. Outputs may not be error-free, complete or suitable for every use case;
3. Outputs are not legal advice, financial advice, insurance advice, project advice or professional advice; and
4. you remain solely responsible for reviewing Outputs and exercising your own independent judgment before relying on them.

You must not rely on the Services as a substitute for qualified legal, commercial, technical or professional advice.

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

1. use the Services for any unlawful, misleading, fraudulent or harmful purpose;
2. upload content that you do not have the right to use or disclose;
3. attempt to gain unauthorised access to the Services, accounts, systems or networks;
4. interfere with the integrity, security or performance of the Services;
5. reverse engineer, decompile, disassemble, copy, mirror, frame or otherwise attempt to derive source code, algorithms, models or underlying ideas from the Services, except where such restriction is prohibited by law;
6. use the Services to develop, train or improve a competing product or service;
7. introduce malware, malicious code, bots, scripts or harmful material into the Services;
8. scrape, mine or extract data from the Services except as expressly permitted;
9. resell, sublicense, lease, timeshare or commercially exploit the Services except as expressly authorised in writing by Perfomir; or
10. use the Services in a way that could damage, disable, overburden or impair the Services or other users’ access to them.

Paid access to the Services is provided on a subscription basis or as otherwise set out in your applicable order, proposal, quote, checkout page or statement of work.

You agree to pay all applicable fees, charges and taxes associated with your subscription or use of the Services.

Unless otherwise stated:

1. fees are billed in advance for the applicable subscription term;
2. all fees are stated exclusive of taxes, duties and government charges unless expressly stated otherwise;
3. you authorise us and our payment processors to charge your nominated payment method for all amounts due; and
4. overdue amounts may accrue interest at the lesser of 10% per annum or the maximum rate permitted by law, plus reasonable recovery costs.

We may suspend access to some or all of the Services if payment is overdue.

10.1 Subscription term

Your subscription begins on the date stated at checkout or in your order documentation and continues for the selected subscription term (“Term”).

10.2 Renewal

Unless your order or checkout states otherwise, a paid subscription may renew automatically for successive terms equal to the initial Term unless cancelled before renewal in accordance with the applicable cancellation settings or written notice requirements.

10.3 Cancellation during a current Term

You may cancel your subscription at any time. If you cancel during an active Term:

1. your cancellation will take effect at the end of the current paid Term;
2. you will continue to have access to the paid Services until the end of that current paid Term unless these Terms are terminated earlier; and
3. fees already paid are non-refundable and no partial refund or credit will be provided for the unused portion of the current Term, except to the extent required by applicable law.

10.4 Upgrades during a current Term

If you upgrade your plan part way through a current Term, the upgrade may take effect immediately or on another date we specify.

Where we allow an immediate mid-term upgrade, you will be charged only the prorated difference between:

1. the fees for your existing plan; and
2. the fees for the upgraded plan,

for the remainder of the then-current Term.

At the next renewal, the renewed subscription will be billed at the full rate for the upgraded plan unless changed or cancelled before renewal.

10.5 Downgrades

If you downgrade your plan, the downgrade will usually take effect at the start of the next renewal term unless we expressly agree otherwise in writing. No refund or credit will be provided for a downgrade during a current Term, except as required by law.

10.6 Price changes

We may change pricing for future renewal terms by giving reasonable prior notice. Any price change will apply from the next renewal or new purchase, not retrospectively for the current paid Term.

We may suspend or terminate your access to the Services immediately, with or without notice, if:

1. you breach these Terms;
2. payment is overdue;
3. your use of the Services poses a security, legal or operational risk;
4. we are required to do so by law or by a regulator; or
5. we reasonably suspect fraud, abuse or unauthorised use.

Either party may terminate these Terms for material breach by the other party if that breach is not remedied within 14 days after written notice, unless the breach is incapable of remedy.

Upon termination or expiry:

1. your rights to access and use the Services will end;
2. we may disable or delete your account and Customer Content in accordance with our retention practices and legal obligations; and
3. any accrued rights, payment obligations and provisions intended to survive will continue.

Perfomir and its licensors own all right, title and interest in and to the Services, including all software, interfaces, designs, workflows, reports, templates, branding, graphics, text, layouts, databases, models, know-how and other intellectual property embodied in or used to provide the Services, other than Customer Content.

No rights are granted to you except the limited rights expressly set out in these Terms.

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable Term to access and use the Services for your internal business purposes.

If you provide feedback, suggestions, recommendations or ideas relating to the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit them without restriction or obligation.

Each party may receive confidential information from the other party in connection with the Services.

The receiving party must:

1. keep the disclosing party’s confidential information confidential;
2. use it only for the purpose of performing or receiving the Services; and
3. not disclose it to any third party except to its personnel, contractors and advisers who need to know it and are bound by appropriate confidentiality obligations.

These obligations do not apply to information that:

1. is or becomes public through no fault of the receiving party;
2. was lawfully known to the receiving party without restriction before disclosure;
3. is lawfully received from a third party without breach of confidence; or
4. is independently developed without use of the disclosing party’s confidential information.

A party may disclose confidential information where required by law, court order or regulator, provided it gives prior notice where legally permitted.

Your use of the Services is also subject to our Privacy Policy, which explains how we collect, hold, use, disclose and otherwise process personal information.

You acknowledge that:

1. Perfomir may act as a controller for account, billing, analytics, support and website-related personal information;
2. Perfomir may in some cases act as a processor or service provider on behalf of a customer in relation to Customer Content;
3. personal information and Customer Content may be handled using service providers and infrastructure located in Australia and other countries; and
4. Perfomir may use third-party hosting, infrastructure, payment, communications, analytics, document processing and AI service providers to operate the Services.

Each party must comply with applicable privacy and data protection laws in connection with its use of the Services.

The Services may interoperate with or rely on third-party services, providers, content, websites, software or integrations.

Perfomir is not responsible for third-party services or third-party terms, policies, performance, availability or security, except to the extent expressly required by law.

Your use of third-party services may be subject to separate terms imposed by those providers.

We will use reasonable efforts to provide the Services with reasonable care and skill.

However, you acknowledge that the Services may be unavailable from time to time due to maintenance, upgrades, outages, attacks, third-party failures or events beyond our reasonable control.

Unless expressly agreed in writing, we do not provide any service level agreement, guaranteed uptime commitment, guaranteed response time, disaster recovery commitment or managed support obligation.

Any onboarding, training, implementation or support services will be provided as described in the relevant subscription, order or scope of work.

To the maximum extent permitted by law:

1. the Services are provided on an “as is” and “as available” basis;
2. we do not warrant that the Services will be uninterrupted, secure, error-free or free from harmful components;
3. we do not warrant that Outputs will be accurate, complete, current, reliable or suitable for your intended purpose; and
4. all implied warranties, guarantees, conditions and representations are excluded.

Nothing in these Terms excludes, restricts or modifies any non-excludable right or remedy you may have under the Australian Consumer Law or any other applicable law.

To the maximum extent permitted by law:

1. Perfomir will not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss or damage, or for any loss of profits, revenue, savings, goodwill, reputation, business opportunity, data or anticipated benefits;
2. Perfomir will not be liable for any loss arising from your misuse of the Services, your failure to review Outputs, your breach of these Terms, or unauthorised access caused by your failure to protect credentials; and
3. Perfomir’s total aggregate liability arising out of or in connection with the Services and these Terms will not exceed the total fees paid by you to Perfomir for the Services in the 12 months immediately preceding the event giving rise to the claim.

This clause does not exclude liability for fraud, wilful misconduct, death or personal injury caused by negligence, or liability that cannot be excluded or limited by law.

You indemnify Perfomir and its officers, employees, contractors and agents against any claim, loss, liability, damage, cost or expense arising out of or in connection with:

1. your Customer Content;
2. your breach of these Terms;
3. your unlawful or improper use of the Services; or
4. your infringement of any third-party right.

This indemnity is reduced to the extent that the relevant loss was caused by Perfomir’s breach of these Terms, negligence or wilful misconduct.

We may update these Terms from time to time.

If we make a material change, we may notify you by updating the date at the top of these Terms, posting notice on our website, notifying you in-product, or sending notice to your account or email.

The updated Terms will apply from the stated effective date. If you continue to use the Services after that date, you agree to the updated Terms.

If a material change has a materially adverse effect on your paid use of the Services and you do not agree to it, your sole remedy is to stop using the Services and cancel before your next renewal.

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of laws principles.

The parties submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

Before commencing court proceedings, each party must first use reasonable efforts to resolve the dispute by good-faith discussions for at least 30 days, except where urgent interlocutory or injunctive relief is required.

22.1 Entire agreement

These Terms, together with any applicable order, proposal, checkout terms, Privacy Policy and any other document expressly incorporated by reference, form the entire agreement between you and Perfomir regarding the Services.

22.2 Order of precedence

If there is any inconsistency between these Terms and an executed order form, statement of work or master services agreement signed by both parties, the signed document prevails to the extent of the inconsistency.

22.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, restructure, financing or sale of assets.

22.4 Force majeure

Neither party is liable for delay or failure to perform to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, cyber incidents, labour disputes, utility failure, internet outage, government action or third-party service failure.

22.5 Severability

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

22.6 Waiver

A failure or delay to enforce any right does not constitute a waiver of that right.

22.7 Notices

Notices under these Terms must be given by email, through the Services, or by another method we make available. Notices to Perfomir should be sent to contact@perfomir.com.au unless we notify you otherwise.