Waymaker Platform Terms of Service

Version: 2.0.0Last Updated: August 2025Effective Date: August 2025

These Terms of Service ("Terms") govern your access to and use of the Waymaker platform and services provided by Waymaker One Pty Ltd ABN 84 613 256 429, an Australian company ("Waymaker," "we," "us," or "our").

BY CREATING AN ACCOUNT OR USING THE WAYMAKER PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1. Acceptance and Scope

1.1 Agreement to Terms

By clicking "I Accept," creating an account, or using any Waymaker services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1.2 Organization Users

If you access Waymaker under an organization's Master Subscription Agreement (MSA):

  • These Terms supplement the MSA
  • In case of conflict, the MSA prevails
  • You remain individually responsible for your conduct
  • Your organization may monitor your usage

1.3 Age Requirement

You must be at least 18 years old to use Waymaker. By using the platform, you represent and warrant that you meet this requirement.

1.4 Updates to Terms

We may update these Terms at any time. We'll notify you of material changes via email or platform notification. Continued use after changes constitutes acceptance.

2. Platform Access and Accounts

2.1 Account Creation

You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your credentials confidential
  • Immediately notify us of unauthorized access
  • Accept responsibility for all activity under your account

2.2 Account Security

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT YOUR ACCOUNT.

2.3 Platform Applications

The Waymaker platform includes multiple integrated applications:

  • Advisor: Strategic guidance and consulting tools
  • Commander: Executive dashboards and analytics
  • Waymaker One: Central platform hub
  • CX: Customer experience management
  • Academy: Learning and training
  • Help: Documentation and support
  • UI: Design system tools
  • Docs: Technical documentation
  • API: Programmatic access

Your access to specific applications depends on your subscription type and organization permissions.

3. Authorized Use and Restrictions

3.1 Permitted Use

You may use Waymaker for:

  • Legitimate business purposes
  • Professional collaboration and productivity
  • Strategic planning and execution
  • Team coordination and management

3.2 Prohibited Activities

You MUST NOT:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Distribute malware or harmful code
  • Attempt unauthorized access to systems
  • Interfere with platform operation or security
  • Scrape, mine, or extract data without authorization
  • Resell or redistribute platform access
  • Use the platform to harass, threaten, or harm others

3.3 Acceptable Use Policy

All use of the platform is subject to our Acceptable Use Policy, which provides detailed guidelines and restrictions.

4. AI Services Terms

4.1 AI Features

Waymaker includes AI-powered features that:

  • Provide strategic guidance and recommendations
  • Analyze data and generate insights
  • Assist with content creation and editing
  • Automate routine tasks and workflows

4.2 Credit-Based Usage

AI features consume credits based on usage. You are responsible for monitoring your credit balance and purchasing additional credits as needed. All features remain available in manual mode when credits are exhausted.

4.3 AI Output Disclaimer

AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY

You acknowledge that AI outputs may contain errors, biases, or inaccuracies. You are solely responsible for reviewing, verifying, and taking action based on AI recommendations.

4.4 AI Training

We do not use your private data to train AI models. See our Privacy Policy for details on data handling.

5. Content and Intellectual Property

5.1 Your Content

You retain all rights to content you create or upload ("Your Content"). By using Waymaker, you grant us a limited license to:

  • Store and display Your Content
  • Process Your Content to provide services
  • Share Your Content with authorized collaborators
  • Back up Your Content for disaster recovery

5.2 Waymaker IP

The platform, including all software, designs, frameworks, and methodologies, is the exclusive property of Waymaker. You may not:

  • Copy, modify, or create derivative works
  • Reverse engineer or decompile the platform
  • Remove or obscure proprietary notices
  • Use Waymaker trademarks without permission

5.3 Content Responsibility

You are solely responsible for Your Content, including ensuring it complies with all applicable laws and does not violate third-party rights.

6. Privacy and Data Use

6.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information. By using Waymaker, you consent to our privacy practices.

6.2 Data Processing

For organization accounts subject to data protection regulations (GDPR, Australian Privacy Act), our Data Processing Agreement governs how we handle your data.

6.3 Data Security

We implement industry-standard security measures to protect your data, including:

  • Encryption in transit and at rest
  • Regular security audits and testing
  • Access controls and authentication
  • Incident response procedures

7. Fees and Payment

7.1 Subscription Plans

Waymaker offers various subscription plans with different features and pricing. Details are available on our pricing page and in your Master Subscription Agreement.

7.2 Payment Terms

By subscribing, you agree to:

  • Pay all fees when due
  • Provide valid payment information
  • Authorize automatic recurring billing
  • Pay applicable taxes and transaction fees

7.3 Refunds and Credits

Subscription fees are non-refundable except as required by law or as specified in your Master Subscription Agreement. Unused AI credits do not roll over between billing periods unless otherwise stated.

7.4 Price Changes

We may change our fees at any time with 30 days' notice. Continued use after the notice period constitutes acceptance of the new fees.

8. Term and Termination

8.1 Term

These Terms remain in effect while you use the platform. Subscription terms are governed by your Master Subscription Agreement.

8.2 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination does not entitle you to a refund of prepaid fees.

8.3 Termination by Waymaker

We may suspend or terminate your access immediately if you:

  • Violate these Terms or any policy
  • Fail to pay required fees
  • Engage in fraudulent or illegal activity
  • Pose a security or legal risk to the platform

8.4 Effect of Termination

Upon termination:

  • Your access to the platform ends immediately
  • We may delete Your Content after 90 days
  • Accrued obligations survive termination
  • You remain liable for all charges incurred

9. Disclaimers and Limitations

9.1 No Warranties

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND

We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI outputs.

9.2 Service Availability

We do not guarantee uninterrupted or error-free service. We may suspend service for maintenance, updates, or emergencies without liability.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Waymaker is not liable for indirect, incidental, special, or consequential damages
  • Our total liability is limited to fees paid by you in the 12 months preceding the claim
  • These limitations apply even if we were advised of the possibility of damages

9.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by the Australian Consumer Law which cannot lawfully be excluded, restricted, or modified.

10. Indemnification

10.1 Your Indemnity

You agree to indemnify and hold harmless Waymaker, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the platform
  • Your violation of these Terms
  • Your Content or any third-party claims related to it
  • Your violation of any law or third-party rights

10.2 Defense of Claims

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.

11.2 Informal Resolution

Before filing any formal claim, you agree to contact us at legal@waymaker.io to attempt an informal resolution.

11.3 Arbitration

Any dispute that cannot be resolved informally may be submitted to binding arbitration under the rules of the Australian Centre for International Commercial Arbitration (ACICA), unless prohibited by law.

11.4 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of any class or representative action, to the extent permitted by law.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any Master Subscription Agreement, constitute the entire agreement between you and Waymaker.

12.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect.

12.3 Waiver

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

12.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

12.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

12.6 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

12.7 Contact Information

For questions about these Terms, contact us at:

BY USING THE WAYMAKER PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

Last Updated: August 2025 | Version: 2.0.0

Waymaker One Pty Ltd

ABN: 84 613 256 429

Suite 375/30 Christine Avenue, Robina QLD 4226, Australia

Email: legal@waymaker.io

Website: https://waymaker.io