Terms of Service

1. Parties & Agreement

These Terms of Service ("Terms") form a binding agreement between you ("Customer", "you", "your") and Baseline Environmental Pty Ltd (ABN 23 764 916 808) ("Baseline", "we", "us", "our"), governing your access to and use of the Baseline Environmental platform, including the web dashboard, field survey app, API, and all related services (collectively, the "Service").

By creating an account or accessing the Service, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

These Terms are governed by the laws of Western Australia, Australia. The courts of Western Australia have non-exclusive jurisdiction over any disputes arising under these Terms.

2. Service Description

Baseline Environmental is an environmental monitoring and data management platform providing: field survey data collection and management, AI-assisted species identification from camera trap images and audio recordings, compliance tracking and regulatory analysis, environmental reporting and data export, and related tools for environmental consultants, mining companies, and government agencies.

The Service is a decision-support tool designed to assist qualified environmental professionals. It does not replace professional ecological assessment, legal advice, or regulatory compliance obligations. You are responsible for the professional judgements made using information from the Service.

3. Accounts & Access

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at security@baselineenvironmental.com.au if you suspect unauthorised access to your account.

We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for more than 24 months, with reasonable notice except where immediate action is required for security reasons.

4. AI Species Identification — Important Limitations

The Service uses self-hosted artificial intelligence models (MegaDetector, SpeciesNet, and Perch v2) to provide computer-assisted species identifications from camera trap images and audio recordings.

You acknowledge and agree that:

• AI identifications are probabilistic estimates presented with confidence scores — they are not definitive species determinations
• All AI outputs are presented for expert review through the Platform's human-in-the-loop workflow (Queue → Review → Confirmed)
• AI models may produce incorrect identifications, including false positives (identifying a species not present) and false negatives (failing to detect a species that is present)
• AI models do not guarantee detection of all species present at a survey site — detection rates depend on image quality, audio quality, equipment placement, environmental conditions, and species behaviour
• AI identifications must be verified by a qualified ecologist before inclusion in regulatory submissions, EPBC Act referrals, state environmental assessments, or any document intended for a regulatory authority
• You accept responsibility for any species identifications that you confirm, export, or include in reports

5. Compliance Engine & Regulatory Analysis

The compliance engine provides AI-assisted analysis of publicly available environmental legislation to help you identify potential regulatory obligations. This analysis:

• Is a planning and research tool only
• Does not constitute legal advice, professional environmental advice, or a formal regulatory assessment
• Is based on legislation current at the time of the last regulatory data update — legislation may have changed since
• May not capture all applicable requirements for your specific project, location, or circumstances
• Should be verified with the relevant regulatory authority (DCCEEW, state EPA, or equivalent) before reliance

You should engage a qualified environmental practitioner and/or legal professional for definitive regulatory advice.

6. Protected Matters Search & Government Data

Protected Matters Search Tool (PMST) results available through the Service are sourced from public Australian Government (DCCEEW) ArcGIS services and are indicative only. These results do not replace an official PMST report obtained directly from the Department of Climate Change, Energy, the Environment and Water. Species distribution data, regulatory boundaries, and environmental layers sourced from government services are subject to the accuracy and currency of those source datasets.

7. Weather & Climate Data

Weather and climate data is sourced from third-party providers including SILO (Queensland Government, CC-BY 4.0) and Open-Meteo. This data is provided for informational and planning purposes. Weather conditions and climate statistics should be independently verified by the user before inclusion in regulatory submissions, environmental impact assessments, or professional reports where data provenance is material.

8. Data Ownership & Intellectual Property

8.1 Your Data

You retain full ownership of and all intellectual property rights in all data you upload to, create within, or generate using the Service ("Customer Data"), including but not limited to: survey records, photographs, audio recordings, observations, species identifications you confirm, GPS tracks, reports, compliance assessments, and exported files.

We do not claim any intellectual property rights over Customer Data. We access Customer Data only to provide and operate the Service, and to comply with applicable law.

8.2 Our Intellectual Property

The Service, including its software, algorithms, user interface design, documentation, and branding, is owned by Baseline Environmental and protected by Australian and international intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

8.3 Data Portability

You may export all of your Customer Data at any time using the Platform's built-in export tools, which support 20+ standard formats including CSV, Darwin Core Archive, GeoJSON, KML, IBSA, Camtrap DP, ABIS, and state-specific regulatory formats (BioNet, VBA, WildNet).

9. Subscription, Payment & GST

Access to the Service requires a paid subscription. Subscription fees are as described on our pricing page at the time of purchase. All prices are in Australian dollars and are exclusive of GST unless otherwise stated. GST of 10% applies to all domestic subscriptions in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Monthly subscriptions may be cancelled at any time, effective at the end of the current billing period. Annual subscriptions may be cancelled with 30 days' notice before the renewal date. We do not provide refunds for partial billing periods except where required by the Australian Consumer Law.

10. Service Availability

We endeavour to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance (with reasonable advance notice), infrastructure issues, or circumstances beyond our reasonable control. The field survey app is designed to function offline and will synchronise data when connectivity is restored.

11. GPS Tracking & Employer Obligations

The field survey app includes optional GPS tracking that records field worker locations during environmental surveys. If you enable this feature for your employees or contractors:

• You are solely responsible for compliance with applicable workplace surveillance legislation in your jurisdiction (see our Privacy Policy, Section 7 for state-specific requirements)
• You must provide any required written notice to employees before enabling GPS tracking
• You must have a lawful basis for collecting employee location data
• Baseline Environmental is not liable for your failure to comply with workplace surveillance obligations

12. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorised access to other users' accounts or data
• Interfere with or disrupt the Service or its infrastructure
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to store or transmit malicious code
• Resell or sublicense access to the Service without our prior written consent
• Upload content that infringes any third party's intellectual property rights

13. Limitation of Liability

To the maximum extent permitted by law:

• Baseline Environmental shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or relating to your use of the Service, including but not limited to: incorrect AI species identifications, inaccurate compliance assessments, weather or climate data errors, PMST search results, data loss, business interruption, or regulatory penalties
• Our total aggregate liability to you for all claims arising from or relating to these Terms or the Service shall not exceed the total fees paid by you to Baseline Environmental in the twelve (12) months immediately preceding the event giving rise to the claim
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if we have been advised of the possibility of such damages

13.1 Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee or right that applies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any equivalent state or territory legislation that cannot be excluded, restricted, or modified by agreement. If the Australian Consumer Law applies to you as a consumer, our liability for breach of a consumer guarantee is limited, to the extent permitted by law, to the re-supply of the Service or a refund of fees paid for the affected period.

14. Indemnification

You agree to indemnify and hold harmless Baseline Environmental, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms, (b) your use of AI identifications or compliance assessments in regulatory submissions without independent professional verification, (c) your failure to comply with workplace surveillance legislation when using GPS tracking features, or (d) any third-party claim arising from Customer Data you upload to the Service.

15. Termination & Data Retrieval

Either party may terminate these Terms:

• Customer: at any time by cancelling your subscription through your account settings
• Baseline: with 30 days' written notice for any reason, or immediately for breach of these Terms or non-payment

Upon termination, you will have 90 days to export your Customer Data using the Platform's export tools. After this period, we will delete your Customer Data in accordance with our data retention policy. We will provide an export-ready archive upon request.

Service discontinuation: If we decide to discontinue the Service entirely, we will provide a minimum of 180 days' notice and assist with data migration.

16. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by email to your registered account address at least 30 days before the changes take effect. Material changes (including changes to pricing, liability limitations, or data handling) will be clearly identified. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree with the updated Terms, you may terminate your subscription before the changes take effect.

17. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Baseline Environmental regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets, with notice to you.
• Force majeure: Neither party is liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, government actions, internet or telecommunications failures, or utility outages.
• Dispute resolution: Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If the dispute is not resolved, either party may commence proceedings in the courts of Western Australia.

18. Contact

For questions about these Terms:

Baseline Environmental Pty Ltd
ABN 23 764 916 808
Email: legal@baselineenvironmental.com.au