Equipment Management International

 Terms of Use

EMI3.io and the Applications within

Effective date: 18th June 2026 · Supersedes the Terms of Use dated 1 May 2023

These Terms of Use govern your access to and use of EMI3.io and the applications, modules and services within it (together, “EMI3”), operated by Equipment Management International Pty Ltd (“EMI”, “we”, “us” or “our”). By accessing, creating an account, or using EMI3, you agree to be bound by these Terms of Use. Where you have entered into a separate written agreement with EMI (including a master services, subscription or licence agreement), that agreement governs to the extent of any inconsistency with these Terms of Use.

1. Definitions

In these Terms of Use:

• “Client Content” means information, documents, configurations, procedures and other materials that you or your representatives manually add to or edit within EMI3.

• “Platform Data” means all data generated, captured, recorded, transmitted or derived through the operation and use of EMI3, including machine-generated, sensory, telemetry, usage, log, performance, maintenance-execution and event data, whether or not it constitutes Client Content.

• “Aggregated Data” means Client Content or Platform Data that has been aggregated, combined, statistically processed, anonymised or de-identified such that it does not identify you, your personnel, your sites or your operations.

• “Derived Materials” means models, algorithms, analytics, benchmarks, insights, methods, software improvements and other works that EMI develops, trains or creates, whether or not informed by Client Content, Platform Data or Aggregated Data.

2. Subscription Licence

• EMI3 and the Applications within are licensed on a concurrent or total user subscription basis.

• You may use the Applications with the number of concurrent or total users specified in your subscription plan.

• Concurrent user allocations are calculated based on the platform type being utilised:

• Equipment Management International Pty Ltd | Terms of Use Page 2 of 5

o Web Application: Each user logged into the web application is counted as one active concurrent licence session.

o Mobile Application: To accommodate flexible workflows, a concurrent licence session is counted when a job, service, or task is actively commenced within the mobile application, rather than merely upon logging in. An in progress service/job/inspection contribute to your concurrent user allocation until they are completed or stopped.

• Your subscription is non-transferable and, except as required by the Australian Consumer Law or explicitly stated under Section 10 of these Terms, non-refundable.

• You may not share your subscription with any third party, including other companies or individuals.

• If you require additional concurrent or total users, you must upgrade your subscription plan with EMI.

3. User Conduct

• You are solely responsible for your conduct while using EMI3 and the Applications within.

• You agree not to use EMI3 for any unlawful or abusive purpose.

• You may not transmit or upload any material that is unlawful, defamatory, harassing, obscene, pornographic or otherwise objectionable.

• You may not use EMI3 to send spam, unsolicited emails or other communications.

• You agree not to interfere with, disrupt, reverse engineer or attempt to gain unauthorised access to EMI3 or its underlying systems.

4. User Accounts

• Account Provisioning: Access to EMI3 and the Applications within is restricted to users whose accounts have been created and provisioned by an authorised administrator or approved person from within the application. Users cannot directly register or create their own accounts.

• Accuracy of Information: You (and your nominating organisation, where applicable) must ensure that all information provided to EMI for the purpose of creating, provisioning, and maintaining your account is accurate, complete, and kept up to date.

• Credential Security: You are responsible for maintaining the strict confidentiality of your account login information. You must not share your account login credentials with any third party, including other individuals within your own organisation.

• Account Responsibility: Subject to your non-excludable statutory rights under the Australian Consumer Law, you are responsible for the activities that occur under your account, except to the extent that any unauthorised access or activity is directly caused by EMI’s breach of contract, negligence, or wilful misconduct.

• Notification of Breach: You must notify EMI promptly of any suspected or known unauthorised use of your account, compromise of your login credentials, or any other breach of security.

5. Intellectual Property

• EMI3 and the Applications within, and all of their content — including text, graphics, logos, images and software — are the property of EMI or its licensors and are protected by copyright, trademark and other intellectual property laws.

• Client Content remains the intellectual property of the respective client or representative, subject to the licence granted in Section 6.

• For clarity, nothing in this clause transfers to you any ownership of EMI3, Platform Data in its native form, Aggregated Data or Derived Materials.

6. Data Use, Aggregation and Platform Improvement

• While Client Content remains the client’s intellectual property as set out in Section 5 , you grant EMI a perpetual, irrevocable, worldwide, royalty-free licence, including the right to sub-licence solely to our technical service providers and cloud infrastructure hosts, to access, host, store, reproduce, process, analyse and use Client Content and Platform Data for specific corporate purposes.

• This licence is granted for the purpose of operating, providing, maintaining, securing, supporting and improving EMI3, the Applications and EMI’s products and services generally.

• This licence is granted for the purpose of creating Aggregated Data, and using Aggregated Data for any commercial or business purpose, including but not limited to industry benchmarking, statistical analysis, and product development.

• This licence is granted for the purpose of developing, training, testing, validating and improving analytical models, statistical methods, machine learning systems and artificial intelligence features, and developing new features, applications and products.

• This licence is granted for the purpose of producing Derived Materials.

• EMI will not publicly disclose your raw, identifiable Client Content in a form that identifies you, your personnel or your operations without your consent, except as required by law.

• All Derived Materials, and all intellectual property rights in them, are and remain the sole and exclusive property of EMI, even where their development was informed by Client Content, Platform Data or Aggregated Data.

• Upon termination or expiry of your subscription, EMI will, upon written request, delete or return your active, identifiable Client Content. However, you acknowledge that EMI retains ownership of all Derived Materials , and the background licences required to maintain anonymous Aggregated Data used in platform improvements shall survive termination.

7. Confidentiality and Security

• EMI will apply reasonable technical and organisational measures to protect Client Content and Platform Data against unauthorised access, loss or disclosure.

• Each party will keep confidential the non-public information of the other party disclosed in connection with EMI3, and will use it only as permitted under these Terms of Use.

• This clause does not restrict EMI’s rights under Section 6.

8. Limitation of Liability

• Nothing in these Terms of Use excludes, restricts, or modifies any guarantee, right, or remedy statutory provision under the Australian Consumer Law that cannot lawfully be excluded or limited.

• To the maximum extent permitted by law and subject to your non-excludable statutory rights , the total aggregate liability of EMI for any direct loss or damage arising under or in connection with these Terms of Use, whether in contract, tort (including negligence), or otherwise, is capped at the total amount paid by you to EMI in the 12 months preceding the event giving rise to the claim.

• Neither party shall be liable to the other for any indirect, incidental, special, or consequential damages, including damages for loss of profits, goodwill, or data.

9. Indemnification

• You agree to indemnify and hold EMI and its officers, directors, employees, and agents harmless from any and all third-party claims, damages, losses, expenses, and liabilities (including reasonable legal fees) arising out of your Client Content, your breach of these Terms of Use, or your unlawful use of EMI3.

• Your liability under this indemnity will be reduced proportionally to the extent that EMI’s own negligence, breach of contract, or wilful misconduct contributed to the relevant claim, damage, loss, or liability.

10. Modifications

• EMI reserves the right to modify these Terms of Use at any time.

• For non-material changes, your continued use of EMI3 after the changes are posted constitutes acceptance.

• For material changes — including any change that materially expands EMI’s rights to use Client Content or Platform Data — EMI will provide you with at least 30 days' advance notice via email or an in-product notification.

• If you do not agree to the material modifications, you have the right to terminate your subscription immediately prior to the changes taking effect, and EMI will provide a pro-rata refund for any pre-paid, unused subscription fees. Your continued use of EMI3 after the stated effective date constitutes acceptance of the modified Terms of Use.

11. Termination

• Either party may terminate these Terms of Use or your subscription for convenience by providing 30 days' written notice to the other party. If EMI terminates your account for convenience, EMI will issue a pro-rata refund for any pre-paid, unused subscription fees.

• EMI may suspend or terminate your access to EMI3 immediately upon written notice if you materially breach these Terms of Use (including a breach of the User Conduct provisions) and fail to remedy that breach within 14 days of being notified in writing.

• The background data licences detailed in Section 6 shall survive termination to the extent specified in that section.

12. Governing Law

• These Terms of Use are governed by and construed in accordance with the laws of Tasmania, Australia, without giving effect to any principles of conflicts of law.

• The parties submit to the non-exclusive jurisdiction of the courts of Tasmania.

13. Entire Agreement

• These Terms of Use constitute the entire agreement between you and EMI with respect to your use of EMI3 and the Applications within, and supersede all prior or contemporaneous communications and proposals, whether oral, written or electronic, between you and EMI with respect to EMI3, except for any separate written agreement referred to in the introduction to these Terms of Use.