Terms of service.

Note: This is a working draft. It will be reviewed and signed off by external counsel before Fydis's public launch. Executed agreements supersede this page in all cases. Questions: email hello@abrlabs.io.

1. Definitions

In this Agreement:

• "ABR Labs" means ABR Labs Pty Ltd (ABN 36 693 095 911), the entity that operates the Fydis platform.
• "Service" means the Fydis software platform, APIs, and related documentation made available by ABR Labs under this Agreement.
• "Customer" means the organisation that has executed an Order Form or accepted these terms to access the Service.
• "User" means an individual authorised by the Customer to access the Service under the Customer's account.
• "Customer Data" means all data submitted to or generated within the Service by the Customer or its Users.
• "Order Form" means a document signed by both parties specifying the subscription tier, fees, and term.
• "Agreement" means these Terms of Service together with any applicable Order Form and any Data Processing Agreement.

2. Acceptance

By clicking "Accept", executing an Order Form, or accessing the Service, the Customer agrees to be bound by this Agreement on behalf of their organisation. The individual accepting must have authority to bind the organisation. If no Order Form is in place, these terms govern all use.

3. Service description

Fydis is a B2B software platform for evidence-based ESG reporting and regulatory readiness. ABR Labs grants the Customer a limited, non-exclusive, non-transferable right to access and use the Service during the subscription term, solely for the Customer's internal business purposes and in accordance with this Agreement.

ABR Labs will use commercially reasonable efforts to make the Service available 99.5% of the time in any calendar month, excluding scheduled maintenance windows communicated at least 48 hours in advance.

4. Customer data

As between the parties, the Customer retains all ownership of Customer Data. The Customer grants ABR Labs a limited licence to process Customer Data solely to provide and improve the Service under the Customer's instruction.

ABR Labs will not access Customer Data except to provide support requested by the Customer, comply with a legal obligation, or investigate a security incident. Where a Data Processing Agreement (DPA) has been executed between the parties, the DPA governs the processing of personal information contained in Customer Data.

The Customer represents that it has all necessary rights to submit Customer Data to the Service and that doing so does not violate any third-party rights or applicable law.

5. Fees and payment

Fees are as specified in the applicable Order Form. ABR Labs will invoice the Customer on the schedule set out in the Order Form. Payment is due within 30 days of the invoice date unless otherwise agreed in writing.

Overdue amounts accrue interest at 10% per annum from the due date. ABR Labs may suspend access to the Service if payment is more than 14 days overdue, after providing written notice to the Customer.

All fees are stated exclusive of GST. Where GST applies, it will be added to the invoice at the prevailing rate.

6. Intellectual property

ABR Labs retains all intellectual property rights in the Service, including the platform software, documentation, algorithms, scoring models, and any improvements or derivative works. Nothing in this Agreement transfers ownership of any ABR Labs IP to the Customer.

The Customer retains all intellectual property rights in Customer Data. ABR Labs acquires no rights in Customer Data other than the limited processing licence in clause 4.

7. Limitation of liability

To the maximum extent permitted by law, ABR Labs's total aggregate liability to the Customer under or in connection with this Agreement is limited to the fees paid by the Customer in the 12 months immediately preceding the claim.

Neither party is liable to the other for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profits, loss of revenue, or loss of data, even if that party has been advised of the possibility of such loss.

Nothing in this clause limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under the Australian Consumer Law or other applicable legislation.

8. Term and termination

The subscription term is as specified in the Order Form, typically 12 months. Unless either party provides written notice of non-renewal at least 30 days before the end of the current term, the Agreement renews automatically for a further term of equal length.

Either party may terminate this Agreement immediately by written notice if the other party commits a material breach that it fails to remedy within 14 days of written notice, or if the other party becomes insolvent.

On termination, the Customer may export Customer Data within 30 days. ABR Labs will delete Customer Data within 60 days of termination, except where retention is required by law.

9. Governing law

This Agreement is governed by the laws of Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia for any dispute arising under or in connection with this Agreement.

10. Dispute resolution

Before commencing legal proceedings, the parties will attempt to resolve any dispute through good-faith negotiation for a period of at least 30 days after one party notifies the other of the dispute in writing.

If the dispute is not resolved through negotiation, the parties agree to refer it to mediation in Perth, Western Australia, administered by the Resolution Institute or a jointly agreed mediator, before commencing litigation.

Last updated: 9 May 2026 · This draft will be reviewed by external counsel before Fydis's public launch.