Legal
Terms of Service
Draft β pending legal review
This document is a working draft prepared as a starting point, not a lawyer-reviewed or binding agreement. It does not yet govern any account or subscription. Bracketed items (like our registered entity name and ABN) are placeholders pending company registration. Draft dated draft, not yet published.
These Terms of Service ("Terms") govern access to and use of Eidon, a suite of enterprise architecture, solution architecture, service design, business engagement and diagramming products ("Service"), provided by[Eidon Pty Ltd, ACN/ABN pending] ("we", "us"). By creating a workspace or otherwise using the Service, the customer entity on whose behalf an account is created ("Customer", "you") agrees to these Terms.
1. Accounts and workspaces
The Service is organised into workspaces, each an isolated tenant. Users within a workspace hold one of three roles β admin, editor or viewer β set by the Customer's own workspace administrators, who are responsible for who they invite and what role each person is given. You must provide accurate registration information and are responsible for activity under your account, including anything done using credentials you fail to keep confidential.
2. Subscriptions, trials and fees
The Service is offered on Free, Pro and Enterprise tiers, described on our pricing page. A new workspace signing up on a paid tier may begin with a time-boxed trial of the full product suite; unless converted to a paid subscription before the trial ends, the workspace automatically reverts to the Free tier rather than being locked out. Paid subscriptions are billed in advance via our payment processor, Stripe, on the cadence you select (monthly or annual); fees are exclusive of GST and other applicable taxes unless stated otherwise, which are calculated and added at checkout for Australian customers. Fees are non-refundable except where required by law or expressly stated by us in writing.
3. Your data
As between you and us, you retain all rights to the content, records and other data you or your users submit to the Service ("Customer Data"). You grant us a licence to host, process, transmit and display Customer Data solely to provide, maintain and support the Service for you, and as otherwise described in our Privacy Policy and (where applicable) our Data Processing Addendum. You are responsible for the legality, accuracy and appropriateness of the data you submit, and for obtaining any consents needed to submit personal information of others (for example, colleagues or stakeholders named in a workspace) to the Service.
4. Acceptable use
You agree not to, and not to permit others to:
- use the Service to store or transmit unlawful, infringing or malicious content;
- attempt to gain unauthorised access to another workspace's data or to the Service's infrastructure;
- interfere with or disrupt the integrity or performance of the Service, including its multi-user diagram collaboration or public API;
- reverse engineer the Service except to the extent such restriction is prohibited by law; or
- use the Service in a way that violates applicable export control or sanctions law.
5. Self-hosted deployments
Eidon is also available as self-hosted, offline-licensable software for Customers who deploy it within their own infrastructure, including air-gapped environments. Where you deploy the Service this way, these Terms govern your right to use the software under the licence entitlements encoded in your signed licence token; we have no access to, and no responsibility for the availability, security or backup of, a self-hosted deployment's infrastructure or data, which remain entirely your responsibility.
6. Service availability
We aim to provide a reliable, available Service, but the Service is provided without any specific uptime commitment or service-level agreement unless a separate signed agreement between you and us says otherwise. We do not currently publish historical uptime figures; see our status page for the current state of that commitment.
7. Suspension and termination
You may cancel a subscription at any time. Cancelling schedules your workspace for deletion after a 30-day grace period, during which you may reverse the cancellation; after that period, workspace data is deleted and is not recoverable, except where we are required to retain it by law or a legal hold applies. We may suspend or terminate access to the Service for material breach of these Terms, non-payment, or conduct that creates risk or legal exposure for us or other customers, and will give notice where reasonably practicable before doing so.
8. Intellectual property
We and our licensors own all right, title and interest in the Service, including its software, design and branding, excluding Customer Data. Nothing in these Terms transfers any such ownership to you; you receive only the right to use the Service as set out here.
9. Confidentiality
Each party will protect the other's confidential information with the same degree of care it uses for its own confidential information of a similar nature, and not less than a reasonable degree of care, and will use it only to perform its obligations or exercise its rights under these Terms.
10. Disclaimers and limitation of liability
To the maximum extent permitted by law, the Service is provided "as is" without warranties of any kind, express or implied. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special or consequential damages, and each party's total liability arising out of these Terms will not exceed the fees paid by you for the Service in the twelve months preceding the claim. Nothing in these Terms excludes or limits a right or guarantee that cannot lawfully be excluded or limited, including any consumer guarantee under the Australian Consumer Law that applies to you.
11. Governing law
These Terms are governed by the laws of [State/Territory to be confirmed], Australia, and the parties submit to the non-exclusive jurisdiction of its courts, without prejudice to any mandatory consumer-protection law of a jurisdiction in which you are located.
12. Changes to these Terms
We may update these Terms from time to time; we will post the updated Terms here and, for material changes, make reasonable efforts to notify workspace admins in advance. Continuing to use the Service after a change takes effect constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms can be sent to [legal@eidon.example.com] or via our contact page.