Hydrosight Terms of Service

Last updated: 30 March 2026

These Terms of Service govern the supply of Hydrosight hardware, platform access, support and related services by YGSoftware Pty Ltd trading as Hydrosight to business customers.

By accepting a quote or proposal, issuing a purchase order, or paying an invoice, the customer agrees to these Terms.

1. Parties

These Terms apply between YGSoftware Pty Ltd (ACN 619 144 704) trading as Hydrosight (Hydrosight, we, us) and the customer named in the applicable quote, proposal, invoice or purchase order (Customer, you).

2. Order documents

The commercial details of each order, including products, quantity, price, subscription term, start date and any special inclusions, will be set out in one or more of the following documents:

• proposal

• quote

• invoice

• purchase order accepted by Hydrosight

If there is any inconsistency, the order document will prevail over these Terms only to the extent of the inconsistency.

3. Services and supply

Hydrosight may provide hardware, platform access, reports, alerts, API access, support and other related services as described in the order document.

We will use reasonable care and skill to provide the services in a professional manner.

4. Subscription term and renewal

The initial subscription term is the period stated in the order document.

Unless otherwise stated in the order document, subscriptions renew automatically for successive periods of 12 months at the then-current subscription price, unless either party gives notice of non-renewal at least 30 days before the end of the current term.

5. Fees and payment

You must pay the fees stated in the order document or invoice by the due date.

Unless stated otherwise, prices are in Australian dollars and exclude GST. GST will be added where applicable.

If an invoice remains unpaid after the due date, we may suspend supply or platform access until payment is received.

6. Customer responsibilities

You must:

• use the products and services only for lawful business purposes

• keep login details secure

• provide any information reasonably needed for setup, support or service delivery

• take reasonable care of supplied hardware

7. Hardware

Risk in hardware passes to the customer on delivery, unless otherwise agreed in writing.

Title in hardware remains with Hydrosight until full payment of the applicable invoice has been received.

The customer is responsible for the installation, placement and use of the hardware unless Hydrosight has expressly agreed in writing to perform installation. Hydrosight is not liable for loss or damage arising from incorrect installation, unsuitable site conditions, misuse, unauthorised modification or failure to follow Hydrosight’s instructions, to the maximum extent permitted by law. Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded under applicable law.

Any guidance provided by Hydrosight in relation to installation or placement is general in nature unless Hydrosight has expressly agreed in writing to provide site-specific installation services or advice.

If hardware supplied by Hydrosight under a subscription, trial, loan or similar arrangement is lost, damaged or rendered inoperable due to negligence, misuse, unauthorised modification, incorrect installation, unsuitable site conditions or any cause other than fair wear and tear, the customer is responsible for the reasonable cost of repair or replacement.

If hardware is supplied on a trial, loan or return basis, the customer must return it in good working condition, fair wear and tear excepted, if the trial or arrangement ends and no purchase is completed.

8. Support

Unless otherwise agreed in writing, standard support is provided by email or phone during Hydrosight’s normal business hours in New South Wales, Australia, excluding public holidays.

We will use reasonable efforts to respond within a reasonable time, but response times are not guaranteed unless expressly agreed in writing.

9. Acceptable use restrictions

You must not:

• copy, modify, decompile or reverse engineer the platform except where the law cannot exclude that right

• access the platform in a way that disrupts, damages or impairs it

• introduce malware or harmful code

• share access with unauthorised third parties

• use the services in breach of any law

10. Customer data and privacy

The customer retains ownership of customer data submitted to, stored in, or generated through the customer’s use of the hardware and services, including sensor readings, site data and account data.

Hydrosight may host, store, process, transmit and otherwise use customer data as reasonably required to provide, maintain, support and improve the services.

Personal information, where collected, will be handled in accordance with Hydrosight’s Privacy Policy.

11. Intellectual property

Hydrosight and its licensors retain all intellectual property rights in the hardware, platform, software, system architecture, analytics methods, models, report templates, aggregated data, de-identified data, documentation and related materials, except for customer data owned by you.

We grant you a limited, non-exclusive, non-transferable right to use the platform and related services during the subscription term for your internal business purposes.

12. Availability and changes

We may update, modify or improve the platform and services from time to time. We may also perform maintenance that may temporarily affect availability.

We do not guarantee uninterrupted or error-free operation.

13. Warranty

Hydrosight will use reasonable efforts to provide services with due care and skill and to remedy verified faults within a reasonable time.

Hardware warranty terms, if any, will be as stated in the order document or warranty policy published by Hydrosight.

Except as expressly stated in these Terms or required by law, all other warranties are excluded.

Nothing in these Terms excludes, restricts or modifies any non-excludable rights or remedies you may have under the Australian Consumer Law or any other applicable law.

14. Limitation of liability

To the maximum extent permitted by law, Hydrosight is not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, business opportunity or anticipated savings.

To the maximum extent permitted by law, Hydrosight’s total liability arising out of or in connection with an order or these Terms is limited to the amount paid by the customer for the affected products or services in the 12 months before the event giving rise to the claim.

15. Suspension and termination

Hydrosight may suspend services if you fail to pay invoices on time, seriously breach these Terms, or use the services unlawfully or in a way that creates security or operational risk.

Either party may terminate for material breach not remedied within 14 days after written notice, or immediately for insolvency or unlawful use.

On termination, accrued payment obligations survive and your access to the platform may cease.

16. Disputes

Before starting court proceedings, the parties will try in good faith to resolve any dispute by discussion. If the dispute is not resolved, either party may pursue available legal remedies.

17. General

• These Terms are governed by the laws of New South Wales, Australia.

• The courts of New South Wales have non-exclusive jurisdiction.

• If part of these Terms is unenforceable, the rest remains in effect.

• These Terms and the applicable order document form the entire agreement for the relevant order.

18. Contact

Hydrosight
YGSoftware Pty Ltd
5 Westview Street, Campbelltown NSW 2560, Australia
support@gethydrosight.com.au