Terms of Service
Last updated: January 2025
1. Agreement to Terms
By accessing or using ACQI's website, software, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our Services.
2. Description of Services
ACQI provides enterprise IT discovery, migration planning, and M&A governance software. Our Services include:
- ACQI Discovery - IT asset and infrastructure discovery
- ACQI Migration - Migration planning and wave management
- ACQI Governance - M&A integration governance and tracking
- Related documentation, support, and professional services
3. Subscription and Licensing
3.1 License Grant
Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, limited license to use the Services during your subscription term.
3.2 Subscription Terms
Subscriptions are annual unless otherwise specified. Renewal terms and pricing will be communicated prior to renewal. You may cancel your subscription by providing written notice at least 30 days before the renewal date.
3.3 Usage Restrictions
You may not:
- Sublicense, sell, or redistribute the Services
- Reverse engineer, decompile, or disassemble the software
- Remove or modify any proprietary notices
- Use the Services for unlawful purposes
- Share login credentials outside your organization
4. Your Data and Privacy
4.1 Data Ownership
You retain all rights to your data. ACQI does not claim ownership of any data you process through our Services. Discovery data generated by ACQI software remains entirely on your infrastructure.
4.2 Data Processing
Our software operates locally on your infrastructure. We do not transmit, store, or process your discovery data on our servers. For details about information we collect through our website, see our Privacy Policy.
5. Payment Terms
- All fees are quoted in USD unless otherwise specified
- Payment is due within 30 days of invoice date
- Late payments may incur interest at 1.5% per month
- All fees are non-refundable unless otherwise stated
- Prices are exclusive of applicable taxes
6. Support and Maintenance
Active subscribers receive:
- Access to software updates and patches
- Technical support via email and ticketing system
- Access to documentation and knowledge base
- Premium support tiers may include phone support and dedicated contacts
7. Intellectual Property
All intellectual property rights in the Services, including software, documentation, trademarks, and content, are owned by ACQI or our licensors. These Terms do not grant you any rights to use ACQI trademarks or branding without prior written consent.
8. Warranties and Disclaimers
8.1 Limited Warranty
We warrant that the Services will perform substantially in accordance with the documentation during your subscription term. Your exclusive remedy for breach of this warranty is repair, replacement, or refund at our discretion.
8.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACQI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify and hold harmless ACQI and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Services or violation of these Terms.
11. Termination
Either party may terminate for:
- Material breach not cured within 30 days of written notice
- Insolvency or bankruptcy of the other party
- Convenience with 30 days written notice (at end of term)
Upon termination, your license to use the Services ends. You should export your data before termination.
12. Governing Law
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes shall be resolved in the courts of New South Wales.
13. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes at least 30 days before they take effect. Continued use of the Services after changes constitutes acceptance of the modified Terms.
14. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between us
- Severability: Invalid provisions do not affect remaining terms
- Waiver: Failure to enforce a right does not waive that right
- Assignment: You may not assign these Terms without our consent
- Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control