Helyx Terms of Use

1. About these Terms

These Terms of Use govern access to and use of Helyx, including any Helyx website, portal, subscription, account, watchlist, saved search, alert, weekly digest, report, briefing, onboarding session, export, dashboard, data view, email, API or related service made available by DECNET Pty Ltd (we, us or our).

By creating an account, submitting an order form, paying an invoice, using Helyx, accepting these Terms during checkout or otherwise accessing Helyx, the customer agrees to these Terms. If the person accepting these Terms does so on behalf of an organisation, that person represents that they have authority to bind that organisation.

If there is a separate written order form, proposal or statement of work signed or accepted by us, that document forms part of the agreement. If there is any inconsistency, the signed or accepted order form prevails to the extent of that inconsistency.

2. Definitions

Account means the Helyx customer account created for a customer or organisation.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Customer, you or your means the person or organisation that accesses or subscribes to Helyx.

Customer Data means information, preferences, watchlist settings, uploaded information, prompts, comments, saved searches, account details and other material submitted to Helyx by or for the customer.

Helyx Output means alerts, digests, reports, project summaries, watchlists, saved-search results, relevance scoring, briefings, exports, dashboards, AI-assisted content and other outputs generated or supplied through Helyx.

Non-Excludable Rights means rights, guarantees, warranties or remedies that cannot lawfully be excluded, restricted or modified, including any applicable consumer guarantees under the Australian Consumer Law.

Source Material means public, lawful or licensed information sources used to support Helyx Output, including Defence, AusTender, government, company and other public source material.

3. Who may use Helyx

Helyx is designed for business and professional users who need Defence estate market intelligence, watchlists and workflow support. It is not designed for children or general consumer use.

·        Users must be at least 18 years old and able to enter a binding agreement.

·        Users must provide accurate account and billing information.

·        If a user accesses Helyx through an organisation, that organisation is responsible for the user and for all activity under the account.

·        We may refuse access, onboarding or subscription where we reasonably consider that use would breach these Terms, applicable law, source-use restrictions or Helyx security requirements.

4. What Helyx provides

Helyx is a Defence estate intelligence and watchlist workflow product. It is intended to help users monitor public market signals, source documents, bases, projects, contractors, programs, procurement events, saved searches, alerts and internal business development priorities.

Depending on the plan purchased, Helyx may include:

·        Professional account access, personal watchlists, saved searches, weekly digests, alerts and limited exports;

·        Teams access, shared watchlists, team digests, user roles, exportable briefs, onboarding workshops and usage reviews;

·        Intelligence Partner services, including curated watchlists, monthly analyst reviews, priority briefings and executive summaries under an agreed scope;

·        onboarding, account setup, capability profiles and notification configuration;

·        AI-assisted extraction, tagging, relevance scoring and summary generation, subject to source attribution and review controls.

Helyx is not a tender-alert clone, not a Defence procurement authority, not a substitute for DECNET Pro content, not a black-box answer engine and not a source of classified, controlled or non-public information.

5. Accounts, users and team administration

·        You are responsible for keeping login credentials secure and for all activity under your account.

·        You must promptly notify us of suspected unauthorised access or misuse.

·        Team administrators may add, remove or manage authorised users and may be able to view usage, watchlists and outputs associated with the team account.

·        Named-user access must not be shared unless the applicable plan expressly permits shared credentials. Extra users may require additional fees.

·        You must not attempt to circumvent plan limits, export limits, access controls or billing controls.

6. Customer responsibilities

You are responsible for how you use Helyx Output and for any commercial, procurement, bid, sales, strategy, investment, compliance or operational decisions you make. You must independently verify any information that is material to a decision.

You must ensure that your use of Helyx complies with applicable laws, procurement rules, confidentiality obligations, security requirements, export control obligations, sanctions laws, information handling requirements and your own internal policies.

You must not submit classified, controlled, export-controlled, confidential third-party, sensitive personal or non-public Defence information into Helyx unless we have expressly agreed in writing and appropriate controls are in place. The default Helyx model is public, lawful or licensed source intelligence only.

7. Acceptable use

You must not:

·        use Helyx for unlawful, misleading, deceptive, fraudulent, defamatory, discriminatory, harassing or harmful purposes;

·        use Helyx to obtain or infer classified, controlled, restricted or non-public government information;

·        scrape, crawl, bulk download, reverse engineer, decompile, copy or attempt to extract source code, models, prompts, data structures or proprietary datasets except as expressly permitted;

·        bypass account controls, security controls, export controls, usage limits or payment controls;

·        upload malware, vulnerability exploits, unlawful material, or material you do not have rights to provide;

·        resell, sublicense, publish, syndicate or redistribute Helyx Output as a competing product or commercial data feed unless we have agreed in writing;

·        use Helyx Output in a way that suggests Defence, government or third-party endorsement where none exists;

·        remove source attribution, confidence notices, disclaimers or other notices from Helyx Output where their removal would make the output misleading.

8. Customer Data

You retain ownership of Customer Data. You grant us a non-exclusive, worldwide, royalty-free licence to use, host, copy, process, transmit, analyse and display Customer Data to provide, secure, support, improve and administer Helyx and to perform the agreement.

We may use de-identified, aggregated or statistical information derived from Customer Data to improve Helyx, monitor performance, analyse product use and develop general market insights, provided that it does not identify you or your organisation and does not disclose your confidential business preferences.

You are responsible for ensuring that you have the rights and permissions needed to provide Customer Data to us. You must not submit personal information about others unless you have a lawful basis to do so.

9. Source Material and Helyx Output

Helyx Output may be generated from Source Material, Customer Data, AI-assisted tools, analyst review and workflow rules. We aim to preserve source context, dates, confidence levels and caveats where commercially relevant.

·        Source Material can be incomplete, outdated, ambiguous, amended, withdrawn or published with its own limitations.

·        Forecasts, tender estimates, budget bands, project descriptions, dates, supplier names, locations and status indicators may change without notice.

·        AI-assisted classifications and summaries can be incorrect, incomplete or context-dependent.

·        Helyx Output should be used as a decision-support tool, not as the sole basis for commercial decisions.

·        Where we identify material errors in Helyx Output, we may correct, withdraw, update or qualify that output.

10. AI-assisted functionality

Helyx may use AI-assisted tools to extract, summarise, classify, tag, compare, score, explain or prioritise market signals. AI-assisted functionality is designed to support human workflow and relevance, not to guarantee complete or error-free intelligence.

Unless expressly stated otherwise, AI-assisted outputs are not professional advice, legal advice, procurement advice, financial advice or a guarantee of source accuracy. Premium deliverables may include human review where included in the relevant plan or statement of work.

11. Subscriptions, fees and payment

Fees are as stated on the relevant pricing page, checkout page, invoice, order form or proposal. Unless stated otherwise, fees are in Australian dollars and are exclusive of GST.

·        Helyx Professional may be offered monthly or annually.

·        Helyx Teams may be offered monthly or annually for the number of users stated in the plan or order form.

·        Helyx Intelligence Partner and any bespoke work are subject to a separate written proposal or statement of work.

·        Annual pricing may reflect a discount or founding offer. Annual fees are payable upfront unless agreed otherwise.

·        You authorise us or our payment processor to charge applicable fees, GST, renewal charges and approved add-ons using the payment method you provide.

·        If a payment fails, we may suspend access after reasonable notice unless the issue is promptly resolved.

12. Automatic renewal and cancellation

Subscriptions renew for the billing period selected unless cancelled before the next renewal date or unless the order form says otherwise. You are responsible for cancelling before renewal if you do not want the subscription to renew.

Cancellations take effect at the end of the then-current billing period unless we agree otherwise or the Refund Terms or Non-Excludable Rights require a different outcome. We do not guarantee pro-rata refunds for unused time after the guarantee period, except where required by law or expressly agreed in writing.

We may change fees for future billing periods by giving reasonable notice. Fee changes do not affect prepaid periods unless the customer agrees or the order form provides otherwise.

13. Refunds

Refunds are governed by the Helyx Refund Terms and any specific refund terms stated in the relevant order form. The current launch approach includes no free trial and a 14-day setup guarantee for eligible first-time subscriptions, subject to the Refund Terms.

Nothing in these Terms or the Refund Terms limits any Non-Excludable Rights.

14. Intellectual property

We and our licensors own all intellectual property rights in Helyx, including the platform, schema, databases, workflows, source registry, prompts, templates, software, branding, trade marks, data model, user interface, reports, alert logic and Helyx-generated output, except for Customer Data and third-party Source Material.

Subject to payment and compliance with these Terms, we grant the customer a limited, non-exclusive, non-transferable, revocable licence during the subscription term to access and use Helyx and Helyx Output for the customer's internal business purposes.

You may share Helyx Output internally within your organisation for legitimate business use, subject to plan limits and confidentiality obligations. External publication, resale, syndication or use as a competing intelligence service requires our prior written approval.

15. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, commercial, pricing, product, customer, security and strategy information, including customer watchlist preferences and unpublished Helyx workflows.

A receiving party must use confidential information only for the purposes of the agreement, protect it using reasonable care and not disclose it except to personnel, contractors, advisers or service providers who need to know it and are bound by confidentiality obligations, or where disclosure is required by law.

16. Privacy

We handle personal information in accordance with the Helyx Privacy Notice and applicable privacy laws. You must ensure that any personal information you provide to us has been collected and disclosed lawfully.

17. Third-party services and links

Helyx may rely on third-party services, including hosting, analytics, AI processing, email, CRM, payment, document storage and authentication providers. Third-party websites, services and Source Material are not controlled by us and may be subject to their own terms, policies, availability and accuracy limitations.

We are not responsible for third-party content, services, outages or source changes except to the extent required by Non-Excludable Rights or where we have expressly accepted responsibility in writing.

18. Service availability and changes

We aim to provide a reliable service, but Helyx may be unavailable due to maintenance, upgrades, technical issues, third-party outages, security events, source changes or events outside our reasonable control. We may change, add, remove or discontinue features where reasonably necessary, including to improve security, quality, compliance, data provenance or commercial viability.

If a material change substantially reduces the core functionality of a paid subscription during a prepaid period, you may contact us to discuss a reasonable remedy, which may include transition assistance, a plan adjustment or a refund where required by law.

19. Suspension and termination

We may suspend or terminate access where we reasonably believe that:

·        you have breached these Terms or an order form;

·        payment is overdue and remains unresolved after notice;

·        use of Helyx creates a security, legal, compliance, reputational or source-use risk;

·        your account is being used in a way that may harm Helyx, other customers, Source Material providers, government agencies or third parties;

·        we are required to do so by law, a regulator, a court or a service provider.

Where reasonably practicable, we will give notice and an opportunity to remedy before suspension or termination, unless urgent action is needed to protect Helyx, data, systems, sources, customers or legal compliance.

20. Disclaimers

Subject to Non-Excludable Rights, Helyx and Helyx Output are provided on an as-is and as-available basis. We do not guarantee that Helyx will be uninterrupted, error-free, complete, current or suitable for every customer purpose. We do not guarantee that any tender, contract, project, program, opportunity, contractor relationship or market signal will proceed, be awarded, be delayed, be cancelled or have the value, timing, status or scope shown in Helyx Output.

Helyx is not affiliated with, sponsored by or endorsed by the Australian Government, the Department of Defence, AusTender or any government agency unless expressly stated in writing.

21. Australian Consumer Law and Non-Excludable Rights

Nothing in these Terms excludes, restricts or modifies any Non-Excludable Rights. If a Non-Excludable Right applies and we are permitted by law to limit our liability, our liability is limited, at our option, to supplying the relevant services again or paying the cost of having the relevant services supplied again.

Any limitation, exclusion or disclaimer in these Terms applies only to the maximum extent permitted by law.

22. Limitation of liability

Subject to Non-Excludable Rights, and to the maximum extent permitted by law, we are not liable for indirect, consequential, special, punitive or exemplary loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, loss of data or business interruption, whether arising in contract, tort, negligence, statute or otherwise.

Subject to Non-Excludable Rights, and to the maximum extent permitted by law, our total liability arising out of or in connection with Helyx, the agreement or these Terms is limited to the fees paid by the customer for the relevant Helyx service in the 12 months before the event giving rise to the claim, or AUD $1,000 if no fees were paid.

The limitations in this clause do not limit liability for fraud, wilful misconduct or any liability that cannot lawfully be limited.

23. Indemnity

Subject to applicable law, you indemnify us against loss, damage, liability, cost or expense arising from:

·        your breach of these Terms or an order form;

·        your unlawful or unauthorised use of Helyx or Helyx Output;

·        Customer Data you submit or direct us to process;

·        your breach of a third party's rights, confidentiality obligations or source-use restrictions;

·        decisions, bids, submissions, representations or commercial actions you take based on Helyx Output.

This indemnity does not apply to the extent the relevant loss is caused by our negligence, breach of these Terms, fraud or wilful misconduct.

24. Dispute resolution

Before commencing proceedings, a party must give the other party written notice of the dispute and the parties must try in good faith to resolve the dispute for at least 14 days. This does not prevent either party from seeking urgent interlocutory or equitable relief.

25. Governing law

These Terms are governed by the laws of [insert Australian State/Territory, e.g. Western Australia], Australia. The parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and the Federal Court of Australia.

26. Changes to these Terms

We may update these Terms from time to time. We will give reasonable notice of material changes that affect paid subscriptions. Continued use after the effective date of updated Terms constitutes acceptance of the updated Terms, except where a separate written agreement controls the applicable term.

27. Contact

Operator: DECNET Pty Ltd

Trading/product name: Helyx

ABN/ACN: 35 670 900 259/670 900 259

Address: 23 Covelee Cct, Middle Cove NSW 2068

Support and legal notices email: [email protected]