These Terms of Service ("Terms") form a legal agreement between Apex Secure Tech (the trading name of Mosh Support Pty Ltd, ABN 38 672 919 630) ("Apex", "we", "us", "our") and the organisation or individual using our products and services ("you", "your" or "the Customer").
By purchasing, installing, accessing or using any Apex device, application, dashboard or service (together, the "Service"), you agree to be bound by these Terms. If you are agreeing on behalf of a school or organisation, you confirm you have authority to bind that organisation. If you do not agree, do not use the Service.
Apex Secure Tech is an Australian-owned company providing privacy-first vape detection, cameras and security solutions for schools, hotels and other organisations. Our vape detectors monitor environmental air quality only and contain no cameras and do not record audio. Cameras, where supplied, are deployed only in common areas by agreement with the Customer.
The Service comprises: (a) supply of Devices; (b) access to the Platform for real-time alerts, monitoring and reporting; (c) onboarding, commissioning and support; and (d) ongoing cloud connectivity and data services. The specific features available to you depend on your Subscription tier and the Devices deployed.
The Service is intended for use by authorised adult staff of schools, boarding houses, hotels and accommodation providers, commercial facilities and similar organisations. It is not intended for use by students or the general public.
To use the Platform, authorised staff must register an Account with a valid email address. You are responsible for keeping your login credentials secure and for all activity under your Account. You must notify us promptly of any unauthorised use.
Registering an Account does not by itself provide access to any Device or Customer data. Access to Devices is granted only through the Space/Home structure described in Section 6. A person who creates an Account but has not been invited to a Customer's Space will have no visibility of, or control over, any Device.
Each Customer's Devices are managed within one or more Spaces. The Customer's nominated Administrator is the owner of the Space and controls all access to it.
Only the Administrator may invite additional users to a Space, and only invited users may view Devices or receive alerts. Users cannot join a Space without an invitation. The Administrator may assign different permission levels (for example, full administrative control, or view-and-alert-only access).
Each Device can be bound to only one Space at a time. Once a Device is bound to a Customer's Space, it cannot be added to any other account unless it is first unbound or reset. The Customer and its Administrator are responsible for managing user access and for promptly removing access for staff who leave.
You must not attempt to access Devices or data belonging to another organisation, share credentials with unauthorised persons, or permit students or unauthorised individuals to access the Platform.
You must not factory-reset, unbind, dismantle, relocate or otherwise tamper with Devices except as directed or authorised by Apex. Tampering may disable the Device, void warranty, and disrupt the Service. Devices may report tamper or offline events to the Customer.
You agree not to: (a) use the Service unlawfully or for any purpose other than its intended safety and monitoring use; (b) reverse-engineer, decompile, copy or attempt to extract source code from the Platform or Devices; (c) resell, sublicense or provide access to the Service to third parties without our written consent; (d) interfere with or disrupt the Platform's operation or security; (e) use the Service to infringe the privacy or rights of any person; or (f) misrepresent the capabilities of the Service to third parties.
Use of the Platform requires an active Subscription. Hardware is charged as a one-off fee per Device. Subscription fees, hardware prices and any additional service charges are as set out in your quote, order form or invoice.
Subscription fees are billed on a recurring basis (monthly or as otherwise agreed). Payment is due by the date shown on each invoice. You authorise us (or our payment provider) to charge the payment method on file where applicable.
Unless otherwise agreed in writing, Subscriptions run for a minimum term of twelve (12) months and continue until cancelled with at least sixty (60) days' written notice. Subscription fees already paid are not refunded for part months or for the unused part of a prepaid period, except as required by law. Hardware fees are non-refundable once Devices are shipped, except as set out in Section 12A, under warranty, or as required by law.
Fees are exclusive of GST, VAT or other applicable taxes unless stated otherwise. You are responsible for any such taxes.
We may adjust Subscription fees on renewal or with reasonable prior notice. Continued use after a price change takes effect constitutes acceptance.
If any amount is overdue, we may, after giving you reasonable notice and an opportunity to remedy: (a) suspend your access to the Platform; (b) remotely disable, restrict or unbind Devices associated with your account; (c) suspend alert delivery, cloud storage and reporting; and (d) terminate this agreement. Reactivation may be subject to payment of outstanding amounts and a reactivation fee. Suspension or termination does not relieve you of accrued payment obligations. We are not liable for any consequence of suspension arising from your non-payment.
Ownership of Devices passes to you upon full payment of the applicable hardware fee. Until full payment, Devices remain our property. The Platform, application, firmware, dashboards and all associated software remain the property of Apex and its licensors and are licensed to you, not sold, for use only in connection with the Service and only while your Subscription is active.
Unless otherwise agreed, you are responsible for arranging installation of Devices using your own qualified personnel or a contractor. We provide installation documentation and a remote commissioning session. Where we refer an installer to you, that installer is engaged directly by you; we are not responsible for their work and may charge a referral fee. You are responsible for ensuring Devices are installed safely, lawfully and in appropriate locations (for example, not inside bathrooms or private spaces in the case of cameras).
We warrant that Devices will be free from material defects in materials and workmanship under normal use for two (2) years from the date of delivery, unless a different period is stated in your quote or order form. This warranty does not cover damage caused by misuse, tampering, unauthorised modification, accident, improper installation, or normal wear. Our warranty covers hardware only.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or other applicable law that cannot lawfully be excluded. Where permitted, our liability for a breach of a non-excludable guarantee is limited to replacing or repairing the Device or resupplying the service.
Reporting a fault. If a Device is faulty or arrives damaged, email contact@apexsecuretech.com with your order details, the Device location or serial number and a short description of the problem. Damage in transit should be reported within seven (7) days of delivery.
What we do. We may first troubleshoot the Device remotely. If we confirm a defect covered by the warranty in Section 12, we will repair or replace the Device at our option, and we cover the cost of shipping for valid claims. We aim to dispatch a replacement within five (5) business days of confirming the fault, subject to stock.
Change of mind. We do not offer refunds or returns for change of mind once Devices have shipped, unless agreed in writing (for example, under trial terms).
Your rights under the law. Nothing in this Section limits any right you have under the Australian Consumer Law or other applicable law, including any right to a repair, replacement or refund for a major failure.
We aim to provide a reliable Service but do not guarantee uninterrupted or error-free operation. The Service depends on factors outside our control, including your internet connection, power supply, device placement, and third-party infrastructure. Alerts may be delayed or fail to deliver due to such factors. The Service is a tool to assist staff and is not a substitute for appropriate supervision, duty of care and the Customer's own safety procedures.
The Platform relies on third-party infrastructure and service providers, including our IoT platform and cloud provider, payment processor, and communication providers. Your use of the Service may be subject to those providers' terms where applicable. We remain responsible for the Service as described in these Terms and our Privacy Policy.
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms. The Customer acknowledges that it is responsible, as data controller, for informing students, staff, guests, families and other affected people about the presence of the Service and for obtaining any consents required by law.
All intellectual property in the Platform, Devices' firmware, software, branding, documentation and content is owned by Apex or its licensors. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for your internal safety and operational purposes while your Subscription is active. You may not copy, modify, distribute or create derivative works without our written consent.
To the maximum extent permitted by law: (a) the Service is provided "as is" and we exclude all implied warranties not expressly stated; (b) we are not liable for any indirect, incidental, special or consequential loss, or loss of profits, data, or goodwill; and (c) our total aggregate liability arising out of or in connection with the Service is limited to the amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, including under the Australian Consumer Law.
You agree to indemnify us against any claims, losses or costs arising from your breach of these Terms, your misuse of the Service, your failure to install or operate Devices appropriately, or your failure to meet your own legal obligations (including privacy and duty-of-care obligations) to students, staff and families.
These Terms apply for as long as you use the Service. Either party may terminate for material breach that is not remedied within a reasonable period after notice. We may suspend or terminate immediately for non-payment (Section 9), tampering, or unlawful use. On termination, your right to use the Platform ends, we may unbind Devices, and any outstanding fees become payable. Provisions that by their nature should survive (including payment, intellectual property, liability and indemnity) survive termination.
We may update these Terms from time to time. Material changes will be notified by email or through the Service, and take effect on the date stated. Continued use after that date constitutes acceptance of the updated Terms.
For customers in Australia, these Terms are governed by the laws of Victoria, Australia, and the parties submit to the courts of that jurisdiction. For customers in the United Kingdom, these Terms are governed by the laws of England and Wales, and the parties submit to the courts of that jurisdiction. Nothing in this clause removes any protection available to you under mandatory local consumer law.
For questions about these Terms:
Apex Secure Tech
Email: contact@apexsecuretech.com
Phone: 0473 415 509
Website: apexsecuretech.com