TERMS OF USE
AVM-360 — Zapperr Software Solutions Pty Ltd (ABN: 78 674 087 499)
Effective Date: June 2026
Last Updated: June 2026
1. Who We Are and What These Terms Cover
These Terms of Use govern your access to and use of the AVM-360 website located at avm-360.com (the “Website”), including all pages, tools, calculators, downloadable resources, blog content, and any other content or functionality made available through the Website.
The Website is operated by Zapperr Software Solutions Pty Ltd, a company incorporated in Victoria, Australia (ABN: 78 674 087 499), trading as AVM-360 (“Zapperr”, “AVM-360”, “we”, “us”, “our”).
These Terms of Use apply to all visitors, users, and anyone who accesses the Website, regardless of their location. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, you must stop using the Website immediately.
These Terms of Use govern Website access only. If you are a paying client or partner using the AVM-360 platform, your use of the platform is governed separately by the AVM-360 Client Subscription Agreement or Partner Master Services Agreement entered into with Zapperr. In the event of any conflict between these Terms and a signed client or partner agreement, the signed agreement prevails.
2. Eligibility
You may use this Website if you are at least 18 years of age, or the age of majority in your jurisdiction if that is higher. By using the Website, you represent and warrant that you meet this requirement.
You may also use the Website on behalf of a business or organisation. In that case, you represent that you have the authority to bind that organisation to these Terms, and references to “you” include that organisation.
3. Acceptable Use
You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit anyone else’s use or enjoyment of the Website.
You must not:
- Use the Website for any unlawful, fraudulent, or malicious purpose
- Attempt to gain unauthorised access to any part of the Website, its underlying systems, or any server, computer, or database connected to the Website
- Transmit any unsolicited or unauthorised advertising or promotional material (spam)
- Introduce any viruses, trojans, worms, logic bombs, or any other material that is malicious or technologically harmful
- Use automated tools, bots, scrapers, or crawlers to extract content from the Website without our prior written consent
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content for commercial purposes without our prior written permission
- Impersonate any person or entity or misrepresent your affiliation with any person or entity
- Use the Website in any way that could damage, disable, overburden, or impair it, or interfere with any other user’s use
- Attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Website
- Use any content from the Website to train, fine-tune, or develop any artificial intelligence or machine learning model without our prior written consent
We reserve the right to terminate or restrict access to the Website for any user who violates these Terms, at our sole discretion and without notice.
4. Intellectual Property
4.1 Ownership
All content on this Website — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall selection and arrangement of content — is the property of Zapperr Software Solutions Pty Ltd or its content suppliers and is protected by applicable copyright, trademark, database, and other intellectual property laws in Australia and internationally, including under the Berne Convention for the Protection of Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
The AVM-360 name, logo, and all related product names, designs, and slogans are trademarks or trade names of Zapperr Software Solutions Pty Ltd. You may not use these marks without our prior written permission. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark without our prior written permission.
4.2 Limited Licence to Access
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal or internal business purposes in accordance with these Terms. This licence does not include any right to:
- Modify or copy the materials beyond what is strictly necessary to view them
- Use the materials for any commercial purpose or public display
- Remove any copyright, trademark, or other proprietary notices
- Transfer the materials to another person or “mirror” the materials on any other server
This licence terminates automatically if you breach any of these Terms.
4.3 User Submissions
If you submit any content to us through the Website (including through contact forms, enquiry tools, or any interactive feature), you grant Zapperr a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, and display that content for the purpose of operating and improving the Website and our services. You represent that you own or have the necessary rights to grant this licence, and that your submission does not violate any third-party rights.
5. Website Content — Accuracy and Currency
The content on this Website is provided for general information purposes only. While we take reasonable care to ensure the accuracy and currency of information on the Website, we make no representations or warranties of any kind, express or implied, about:
- The completeness, accuracy, reliability, suitability, or availability of any information, product, service, or related graphics on the Website
- Whether the Website will be available at any particular time or location
- Whether any defects or errors will be corrected
Any reliance you place on the information on this Website is strictly at your own risk. The information on this Website does not constitute professional advice — technical, legal, financial, or otherwise. You should obtain appropriate professional advice before making any decision based on information found on this Website.
Specific disclaimer regarding performance statistics and benchmarks: figures stated on the Website (such as percentage reductions in truck rolls, uptime percentages, or time savings) are based on aggregated data from deployments and are provided as illustrative examples only. Actual results will vary depending on the specific environment, infrastructure, configuration, and use case of each client. These figures do not constitute a guarantee of any specific outcome.
6. Third-Party Links and Content
The Website may contain links to third-party websites, resources, or services that are not owned or controlled by Zapperr. These links are provided for your convenience only.
We have no control over, and assume no responsibility for, the content, privacy policies, terms, or practices of any third-party websites. We do not endorse or make any representations about third-party websites, and the inclusion of any link does not imply endorsement by Zapperr.
You access third-party websites at your own risk. We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit.
7. Free Trial and Platform Access
Where the Website offers access to a free trial of the AVM-360 platform, the following additional terms apply:
- Free trial access is provided at our sole discretion and may be withdrawn at any time without notice
- Free trial access is for evaluation purposes only and must not be used for production workloads, commercial service delivery, or any purpose beyond internal assessment
- At the conclusion of the free trial period, access to the platform will be suspended unless a paid subscription agreement is entered into
- Any data you input during a free trial may be deleted at the conclusion of the trial period. We recommend you do not input sensitive, proprietary, or irreplaceable data during a trial
- Free trial access is subject to these Terms of Use and to any additional terms presented at the point of registration
- We reserve the right to limit the number of free trials available to any one organisation
8. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Website and all content, tools, and functionality available through it are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied.
We expressly disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Website will meet your requirements
- Warranties that the Website will be available, uninterrupted, timely, secure, or error-free
- Warranties regarding the accuracy or reliability of any results obtained from use of the Website
- Warranties that defects in the Website will be corrected
Some jurisdictions do not allow the exclusion of implied warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted by law. In particular:
- For consumers in Australia: Nothing in these Terms limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If you are a consumer within the meaning of the Australian Consumer Law, you may have statutory guarantees that cannot be excluded.
- For consumers in the United Kingdom: Nothing in these Terms affects your statutory rights as a consumer under UK law.
- For consumers in the European Union: Nothing in these Terms affects your statutory rights as a consumer under applicable EU law, including Directive 2019/771 on the sale of goods and Directive 2019/770 on digital content and services.
9. Limitation of Liability
To the maximum extent permitted by applicable law, Zapperr Software Solutions Pty Ltd, its directors, officers, employees, contractors, agents, partners, suppliers, and licensors shall not be liable for any:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, business, or goodwill
- Loss of anticipated savings
- Business interruption
- Loss arising from your reliance on information on the Website
whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damage.
To the extent we are found liable for any direct damages, our total aggregate liability to you in connection with your use of this Website shall not exceed AUD $100.
Nothing in these Terms limits or excludes liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law, including under the Australian Consumer Law
10. Indemnification
You agree to indemnify, defend, and hold harmless Zapperr Software Solutions Pty Ltd and its directors, officers, employees, contractors, agents, partners, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Website
- Your violation of these Terms
- Your violation of any third-party right, including any intellectual property right or privacy right
- Any content you submit to or through the Website
This indemnification obligation survives termination of your access to the Website.
11. Privacy
Your use of this Website is also governed by our Privacy Policy, available at avm-360.com/privacy-policy, and our GDPR Policy, available at avm-360.com/gdpr-policy, each of which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of information as described in those policies.
12. Cookie Policy
The Website uses cookies as described in our Privacy Policy and as managed through our on-site cookie consent tool. By continuing to use the Website after being presented with the cookie consent banner, you acknowledge our use of cookies in accordance with your stated preferences.
13. Availability and Maintenance
We do not guarantee that the Website will be available at all times. We may suspend, withdraw, or restrict the availability of all or any part of the Website at any time for business or operational reasons, without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
14. Changes to the Website and These Terms
We reserve the right to modify or discontinue the Website (or any part of it) at any time without notice.
We may revise these Terms of Use at any time by updating this page. The revised Terms will be effective from the date they are posted. The “Last Updated” date at the top of this page will reflect when the most recent changes were made. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
Material changes that affect your rights will be notified via a prominent notice on the Website homepage for a period of 30 days following the change.
15. Governing Law and Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law principles.
- For users located in Australia: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
- For users located in the United Kingdom: Nothing in these Terms affects your ability to bring claims before UK courts as a consumer under applicable UK law. These Terms do not limit any mandatory rights you have under UK consumer protection law.
- For users located in the European Union: Nothing in these Terms deprives you of the protection afforded by mandatory provisions of the law of the EU member state in which you are resident. You may also bring proceedings in the courts of your country of residence.
- For users located in the United States: You consent to personal jurisdiction in the courts of Victoria, Australia, and waive any objection to the exercise of such jurisdiction. These Terms shall be governed by the laws of Victoria, Australia, to the extent not preempted by applicable US federal law.
- For users located elsewhere globally: These Terms are governed by the laws of Victoria, Australia. We make no representation that the Website or its content is appropriate or available for use in all locations. Accessing the Website from territories where its content is illegal is prohibited.
16. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible. The remaining provisions of these Terms shall continue in full force and effect.
17. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. A waiver of any provision will only be effective if made in writing and signed by an authorised representative of Zapperr Software Solutions Pty Ltd.
18. Entire Agreement
These Terms of Use, together with the Privacy Policy and GDPR Policy incorporated by reference, constitute the entire agreement between you and Zapperr Software Solutions Pty Ltd with respect to your use of the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
If you are a paying client or partner, your rights and obligations with respect to the AVM-360 platform are additionally governed by your signed Client Subscription Agreement or Partner Master Services Agreement, which takes precedence over these Terms in the event of any conflict.
19. Contact
If you have any questions about these Terms of Use, please contact us at:
Zapperr Software Solutions Pty Ltd
Email: info@avm-360.com
Website: avm-360.com
ABN: 78 674 087 499