These terms govern the 30 day free trial of the Maica software. By requesting or using a trial you agree to them. If you are agreeing on behalf of an organisation, you confirm you have the authority to bind that organisation. In these terms, Maica, we and us means Maica Solutions, and you means the person or organisation using the trial. These terms apply to the trial only. Any paid subscription is governed by a separate written agreement.
We will provision a Maica instance for your use for 30 days from the activation date. The trial is provided for evaluation only. It is not intended for production use, for delivering services to real Participants or Clients, or for any purpose on which you or anyone else relies. The trial is free. No payment details are required, and it does not convert automatically into a paid subscription. Continuing past 30 days requires a separate written agreement with us.
The 30 day evaluation instance of the Maica software that we provision for you under these terms.
Any data, content or material you or your users upload to, create in, or generate through the trial.
The Maica software, its underlying Salesforce environment, and all related documentation, interfaces and intellectual property owned or licensed by us.
You retain ownership of everything you upload to the trial. You grant us a limited licence to host and process it solely to provide the trial to you. Because the trial is an evaluation environment, you should not upload production data. In particular, you should not upload personal information, health information or any sensitive information about real Participants, Clients or staff. If you choose to do so, you do so at your own risk, and you are responsible for obtaining any consents required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our handling of personal information is described in our Privacy Policy.
We do not warrant that data held in a trial instance is backed up, recoverable or retained. We may delete the instance and everything in it at any time after the trial ends. Export anything you need before your trial ends. Trial instances are not covered by the backup, recovery or data retention commitments that apply to paid subscriptions.
The trial is provided on an as is and as available basis. No service levels, uptime commitments, support response times or maintenance windows apply to it. We may modify, suspend or withdraw the trial, or any feature of it, at any time. The trial runs on the Salesforce platform and may connect to other third party services. Those services are governed by their own terms, and we are not responsible for their availability, performance or acts.
You must not use the trial to deliver services to third parties, resell or share access to it, or allow anyone outside your organisation to use it. You must not attempt to access another customer's data, probe, scan or test the security of the platform without our written consent, benchmark it for publication, copy or reverse engineer it, or use it for any unlawful purpose. You are responsible for the security of your login credentials and for all activity that occurs under them. We may suspend or terminate your trial immediately if we reasonably believe this section has been breached.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Subject to that, and to the maximum extent permitted by law: we exclude all warranties, conditions and representations that are not expressly set out in these terms; we are not liable for any loss of profit, revenue, goodwill, anticipated savings or data, or for any indirect or consequential loss, however it arises; and our total aggregate liability for all claims connected with the trial is limited to one hundred Australian dollars (AUD $100). Where the Australian Consumer Law applies and permits us to do so, our liability for failing to comply with a consumer guarantee is limited to resupplying the services or paying the cost of having them resupplied.
Individuals can request access to their personal information held by us.
Individuals can request correction of inaccurate or incomplete personal information.
Individuals can request deletion of their personal information under certain conditions.
Individuals can request restriction of processing under certain circumstances.
Individuals can request to receive their personal information in a structured, commonly used, and machine-readable format.
Individuals can object to the processing of their personal information under certain conditions.
You acknowledge that the trial is not a substitute for your own systems, records or professional judgement, and that you remain solely responsible for meeting your own compliance obligations, including those under the NDIS and aged care regulatory frameworks. You must not rely on a trial instance for any regulatory, clinical, financial or billing purpose. You indemnify us against any claim, loss or liability arising from your breach of the sections covering your data or acceptable use, or from any third party claim relating to data you uploaded to the trial.
Each party must keep the other's confidential information confidential and use it only for the purposes of the trial. Our pricing, product roadmap and any non-public features shown to you during the trial are our confidential information. We own the Maica platform and all intellectual property rights in it. You receive a non-exclusive, non-transferable, revocable right to access it for the duration of your trial, and nothing more. If you give us feedback or suggestions about the product, we may use them freely and without obligation to you.
Either party may end the trial at any time, for any reason, without notice or liability. The trial also ends automatically 30 days after activation unless we agree otherwise in writing. On termination your access stops immediately and your instance is deleted in line with the section above on trial data. The sections covering your data, trial data retention, liability, your responsibilities, and confidentiality and intellectual property survive the end of the trial.
We may update these terms from time to time. The version published when you activate your trial is the version that applies to that trial. These terms are governed by the laws of Victoria, Australia, and both parties submit to the non-exclusive jurisdiction of the courts of that state. If any part of these terms is found to be unenforceable, the rest continues to apply.
If you have questions about these terms, contact us at hello@maica.com.au.
%201.svg){kind=icon}