Terms of Use

Terms of Use for XGY Pty Ltd

Last updated: March 30, 2026

Please read these Terms of Use ("Terms") carefully before using this website. By accessing or using this website and any content, materials, information, software, downloads, or services made available through it (collectively, the "Site"), you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use this Site.

These Terms are entered into between you and XGY Pty Ltd ("XGY", "we", "our" or "us").

1. Use of the Site

XGY grants you a limited, non-exclusive, revocable, non-transferable right to access and use this Site for lawful business, informational, and internal commercial purposes related to learning about, evaluating, acquiring, using, or supporting XGY products and services.

You must not:

• use this Site for any unlawful, fraudulent, misleading, or harmful purpose;
• copy, reproduce, modify, republish, upload, post, transmit, distribute, or otherwise exploit any material from this Site except as permitted by law or with our prior written consent;
• use this Site in a way that could damage, disable, overburden, or impair the Site or interfere with another user’s access to or use of the Site;
• attempt to gain unauthorised access to any systems, networks, accounts, data, or materials connected with the Site;
• use any automated means, including bots, scrapers, crawlers, or similar technologies, to access or extract data from the Site without our prior written permission; or
• remove, obscure, or alter any copyright, trade mark, or other proprietary notices on this Site.

We may suspend, restrict, or terminate your access to the Site at any time if we reasonably believe you have breached these Terms or applicable law.

2. Intellectual Property

Unless otherwise stated, the Site and all content and materials on it, including text, graphics, logos, product names, technical materials, documents, downloads, images, videos, software, and website design, are owned by or licensed to XGY and are protected by copyright, trade mark, and other intellectual property laws.

No right, title, or interest in the Site or its materials is transferred to you except for the limited right to use the Site in accordance with these Terms.

Except to the extent permitted by applicable law, you must not use XGY’s trade marks, logos, branding, product names, or other proprietary materials without our prior written consent.

All rights not expressly granted are reserved.

3. Product Information and Availability

Information on this Site is provided for general informational purposes only. Product specifications, availability, compatibility, pricing, lead times, technical information, and service descriptions may change from time to time without notice.

While we aim to keep the Site accurate and current, we do not guarantee that all materials on the Site are complete, current, accurate, or error-free. Before making purchasing, engineering, operational, or business decisions, you should confirm relevant information directly with XGY.

Nothing on this Site constitutes a binding offer, quotation, commitment, or warranty by XGY unless expressly confirmed by XGY in writing.

Some products, services, software, or features described on the Site may not be available in all regions or to all customers.

4. Software and Downloads

Any software, firmware, drivers, utilities, documentation, or other downloadable materials made available through this Site may be subject to separate licence terms, subscription terms, end user licence agreements, or other product-specific conditions.

You must not download, install, access, or use any such materials unless you agree to the applicable terms governing them.

If there is any inconsistency between these Terms and any separate software or product licence terms, the separate licence terms will prevail to the extent of that inconsistency.

5. User Submissions and Communications

If you submit or transmit any information, enquiry, feedback, support request, suggestion, idea, technical input, files, or other communication to us through the Site or by means linked from the Site ("Submissions"), you acknowledge that:

• your Submission may be processed by XGY in order to respond to you, provide support, improve our products or services, or otherwise manage our business relationship with you;
• you must not submit anything unlawful, defamatory, misleading, abusive, obscene, infringing, malicious, or otherwise inappropriate;
• you must not submit any material that infringes another person’s intellectual property, privacy, confidentiality, or other rights; and
• you are responsible for ensuring that you have the right to provide any Submission you send to us.

Unless expressly stated otherwise in a separate written agreement, you should not submit confidential, proprietary, export-controlled, security-sensitive, or commercially sensitive information through public forms or general contact channels on this Site.

Where you provide feedback, suggestions, ideas, enhancement requests, or similar input regarding our Site, products, or services, you agree that XGY may use that feedback without restriction or obligation, provided that this does not affect any rights you may have under applicable law or under a separate written agreement.

XGY is under no obligation to monitor, maintain, publish, or respond to any Submission, except as required by law or under a separate written agreement.

6. Privacy

Our collection and handling of personal information through the Site is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Site, you acknowledge that personal information submitted through or in connection with the Site may be handled in accordance with our Privacy Policy.

7. Links to Third-Party Websites

This Site may contain links to third-party websites, platforms, software repositories, service providers, or other external resources. These links are provided for convenience only.

XGY does not control and is not responsible for the content, availability, security, practices, or policies of any third-party websites or services. A link to a third-party site does not imply endorsement, approval, or affiliation unless expressly stated by XGY.

If you access any third-party website or service, you do so at your own risk.

8. Linking to This Site

You may link to the public pages of this Site provided that your linking:

• is lawful and fair;
• does not misrepresent your relationship with XGY;
• does not imply that XGY endorses you, your organisation, or your products or services where no such endorsement exists;
• does not display XGY content in a misleading, framed, or embedded manner that obscures its source; and
• does not appear on a website or service containing unlawful, offensive, deceptive, or otherwise inappropriate content.

We reserve the right to require you to remove any link to this Site at any time.

9. Site Availability

We do not guarantee that the Site will be available at all times or without interruption. We may suspend, modify, or discontinue any part of the Site at any time for maintenance, updates, security, or other operational reasons, with or without notice.

10. Disclaimer

To the maximum extent permitted by applicable law, this Site and all materials made available through it are provided on an "as is" and "as available" basis.

XGY does not make any express or implied warranties, representations, or guarantees in relation to the Site or its materials, including as to accuracy, completeness, reliability, availability, merchantability, fitness for a particular purpose, non-infringement, or suitability for your intended use.

You are responsible for evaluating whether the Site and any information, materials, or downloads available through it are appropriate for your needs.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory right, or other right that cannot lawfully be excluded or limited under applicable law.

11. Limitation of Liability

To the maximum extent permitted by applicable law, XGY is not liable for any loss, damage, cost, or expense arising out of or in connection with:

• your access to, use of, inability to use, or reliance on this Site;
• any errors, inaccuracies, omissions, or outdated information on the Site;
• any interruption, delay, defect, virus, or other harmful component affecting the Site;
• any third-party websites, services, or materials linked to or from the Site; or
• any unauthorised access to or alteration of your transmissions or data,

including any indirect, incidental, special, punitive, or consequential loss, or any loss of profits, revenue, business opportunity, goodwill, data, or anticipated savings.

Where liability cannot be excluded but can be limited, XGY’s liability will be limited, to the extent permitted by law, to re-supplying the relevant Site-related services or information, or to the reasonable cost of doing so, at XGY’s option.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless XGY, its related bodies corporate, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal costs) arising out of or in connection with:

• your breach of these Terms;
• your unlawful or improper misuse of the Site; or
• any Submission or material you provide to us that infringes the rights of a third party or breaches applicable law.

13. Copyright and Intellectual Property Complaints

If you believe that any content on this Site infringes your copyright or other intellectual property rights, please send a written notice to XGY with sufficient detail for us to investigate the matter.

Your notice should include:

• your name and contact details;
• a description of the intellectual property right you claim has been infringed;
• details of the material on the Site that you believe is infringing;
• the location of that material on the Site;
• a statement explaining the basis of your complaint; and
• a statement that the information you have provided is accurate and made in good faith.

Notices may be sent to:

We will review any notice received and respond within a reasonable period. XGY may remove or disable access to material that it reasonably believes may infringe the rights of others.

14. Compliance with Laws

You must comply with all applicable laws and regulations when using this Site and any materials made available through it.

You must not use, export, re-export, release, or transfer any materials, software, technical data, or information from this Site in violation of any applicable export control, sanctions, customs, or other laws and regulations.

15. Changes to These Terms

We may update these Terms from time to time. Any updated version will be posted on this Site with a revised "Last updated" date.

Your continued use of the Site after revised Terms are posted constitutes acceptance of those revised Terms, to the extent permitted by law.

16. Governing Law

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

You agree to submit to the exclusive jurisdiction of the courts of South Australia, Australia, and any courts competent to hear appeals from those courts, in relation to any dispute arising out of or in connection with these Terms or the Site.

17. General

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision will be severed and the remainder of these Terms will continue in full force and effect.

Any failure by XGY to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

These Terms constitute the entire agreement between you and XGY in relation to your use of the Site, except to the extent that separate terms apply to particular products, software, services, transactions, or other offerings.

18. Contact Us

If you have any questions about these Terms, please contact us at: