Agreement and scope
These terms govern your use of JWGeotech websites, applications, APIs, hosted services, documentation, examples and outputs. By expressly accepting them, you agree to these terms. A separate written agreement expressly varying a provision takes precedence for that provision. Australian law applies, subject to any mandatory rights you have under applicable law.
Your rights under Australian law
Nothing in these terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Where applicable, those rights include remedies for failures to meet consumer guarantees, including repair, replacement, resupply, refunds and compensation. The exclusions and limits below are subject to these rights and do not exclude liability for fraud. Free access does not, by itself, remove any rights you have under applicable law.
Early access and access permissions
JWGeotech apps are currently in early access and available to use for free with a verified account. Free access to JSlope and JRunout includes Cloud solving. Browser and Native solving require the appropriate licence permissions. Features may be incomplete, contain defects or change as the products develop. Cloud capacity is shared and subject to the fair-use limits displayed in the service. Early access does not promise unlimited capacity, a particular availability level or permanent free access. We will give reasonable notice of material changes where practicable. Future paid access requires your explicit agreement; free access does not automatically convert to a paid subscription.
Use of results is at your risk
You use and rely on all calculations, simulations, visualisations, reports and other outputs at your own risk, subject to the mandatory rights above. You are responsible for selecting appropriate methods, checking data, units, geometry, assumptions, material parameters and boundary conditions, and independently verifying the accuracy and suitability of inputs and results before relying on them for engineering, design, construction, operational or safety decisions. Models are approximations and may not represent actual ground conditions or behaviour. Use competent professional judgment and appropriate independent review, verification and site investigation. Outputs, examples, documentation and support are decision-support information, not engineering certification or a substitute for a qualified professional's assessment. You remain responsible for compliance with project requirements, professional standards and applicable laws.
Accounts and acceptable use
Provide accurate account information, protect credentials and remove organisation access when it is no longer appropriate. You must have authority to submit data and grant the processing permissions below. Do not bypass access controls or fair-use limits, disrupt services, access another person's data without permission or submit unlawful, infringing or harmful material. We may proportionately restrict or suspend access for security, unlawful activity, material breach or capacity protection, with an explanation and reasonable notice where practicable. Urgent action may be necessary to protect the service or others.
Your data and Cloud processing
You retain ownership of your models, files and other submitted data. You grant JWGeotech the limited permission needed to receive, transmit, process, store and secure that data to provide the services you request and support their operation. Cloud solves and associated numerical previews and post-processing send relevant model data to hosted processing services. Signing in or opening a local file alone does not upload it. Consult the Privacy Policy and Cloud settings for processing and retention information. Keep independent backups and download results you need to retain. Hosted recovery is temporary and is not an archival or backup service.
Third-party information and services
Third-party maps, imagery, data, software and services may have their own terms and limitations. You are responsible for checking the authority, currency, accuracy, coordinate systems and suitability of information you use. External networks and providers can affect service availability. These terms do not override rights or remedies that applicable law gives you in relation to third-party services supplied through JWGeotech.
Availability and warranties
Subject to your mandatory rights and any express written commitments, products and services are supplied as is and as available. To the maximum extent permitted by law, JWGeotech excludes implied warranties and representations about accuracy, completeness, fitness for a particular purpose, error-free operation and uninterrupted availability. Maintenance, capacity limits, network failures, defects and updates can interrupt processing or prevent recovery. No statement here limits a guarantee or representation that cannot lawfully be excluded.
Exclusion of liability
Subject to rights and liabilities that cannot lawfully be excluded, JWGeotech accepts no liability, to the maximum extent permitted by applicable law, for loss, damage, cost or claims arising from the use of, inability to use, or reliance on its products, services or outputs. This includes errors or omissions in results, direct and indirect loss, consequential loss, lost profits or opportunities, business interruption, delays, property damage and loss or corruption of data, whether a claim arises in contract, tort (including negligence), statute or otherwise. This exclusion is subject to the mandatory rights section and does not exclude liability for fraud.
Residual liability and contribution to loss
Where liability cannot be excluded but may lawfully be limited, JWGeotech's aggregate contractual liability relating to an affected product is limited to the fees you paid JWGeotech for that product in the 12 months before the event first giving rise to the liability. For wholly free early-access use, that amount is zero. This cap applies only where legally effective; it does not limit fraud or defeat a statutory remedy or other liability that cannot lawfully be restricted. Each party's liability is reduced to the extent the other party's negligent or unlawful acts or omissions caused or contributed to the loss.
Permitted limits on statutory remedies
Only where section 64A of the Australian Consumer Law permits, and reliance on this provision is fair and reasonable, JWGeotech limits liability for failure to comply with an eligible consumer guarantee for goods or services not ordinarily acquired for personal, domestic or household use or consumption. At JWGeotech's option, the limit for eligible goods is replacement or equivalent goods, repair, or payment of the cost of replacement or repair; for eligible services it is supplying the services again or paying the cost of having them supplied again. This does not apply to guarantees excluded from section 64A, or where the law otherwise prohibits the limit. The fees cap above does not override a statutory remedy that cannot lawfully be limited in that way.
Paid services
Existing paid licences and subscriptions remain governed by their agreed checkout, order form or written agreement, including renewal, tax and cancellation terms, subject to mandatory rights. Free Cloud access does not cancel an existing paid subscription or grant Browser or Native permissions. New charges require explicit agreement.
Changes, ending use and disputes
We will identify each version of these terms and give reasonable notice of material changes where practicable. You must expressly accept the current version before starting new work. You may decline and stop using the services; essential account management, cancellation and access to retained results remain available subject to security, ownership and retention rules. Updating the terms does not itself cancel an accepted run or discard an open project's unsaved work. Rights and obligations accrued before termination, and provisions concerning data ownership, liability and dispute resolution, survive to the extent relevant. Contact us first so we can try to resolve a concern. This does not prevent urgent relief or access to a court or regulator. An unenforceable provision is severed to the extent necessary without removing mandatory rights.
Contact
Questions about these terms or the services can be sent through the JWGeotech contact page or the support address provided with your account.