These General Terms of Use (Terms) govern access to and use of the Hoogly website, platform, and related services by visitors, prospective customers, demo users, and trial or pilot users who are not subject to a separate written Software-as-a-Service Subscription Agreement with Hoogly.
1. WHO WE ARE
Hoogly is operated by Hoogly Pty Ltd (ABN 93 650 454 041) (Hoogly, we, us, our).
Contact:
📧 legal@hoogly.com
2. ACCEPTANCE, LEGAL EFFECT, AND CAPACITY
By accessing or using the Hoogly website, requesting information or a demo, registering for a trial or pilot, or otherwise interacting with Hoogly in any manner, you:
- confirm that you have read, understood, and agree to be legally bound by these Terms; and
- represent that you have the legal capacity and authority to do so.
If you do not agree to these Terms, you must not access or use the website or platform.
3. SCOPE AND HIERARCHY OF TERMS
3.1 Scope
These Terms apply only to:
- website visitors;
- individuals or organisations requesting demonstrations;
- trial, pilot, or evaluation users; and
- prospective customers prior to execution of a written agreement.
3.2 Relationship to Other Agreements
These Terms do not replace, amend, or override:
- any executed Software-as-a-Service Subscription Agreement;
- any Data Processing Agreement (DPA); or
- the End User Licence Agreement (EULA) governing individual users.
3.3 Order of Precedence
In the event of inconsistency, the following order of precedence applies:
- SaaS Agreement
- Data Processing Agreement
- End User Licence Agreement
- These General Terms of Use
4. END USER LICENCE AGREEMENT
Access to the Hoogly platform by any individual user is conditional upon acceptance of Hoogly’s End User Licence Agreement (EULA).
The EULA governs:
- individual conduct and usage rights;
- acceptable use obligations; and
- confidentiality and behavioural standards.
The current EULA is available at:
👉 https://hoogly.ai/eula
5. PRE-CONTRACT ACCESS: DEMOS, TRIALS, AND PILOTS
Any demo, trial, pilot, or evaluation access is provided:
- solely for informational and evaluation purposes;
- on an “as is” and “as available” basis; and
- without any guarantee of availability, functionality, uptime, support, or continuity.
Hoogly may, at its discretion and without liability:
- modify or discontinue any feature;
- suspend or terminate pre-contract access;
- reset, anonymise, or delete trial data; and
- impose usage or feature limitations.
6. DATA HANDLING DURING TRIALS
During demos, trials, or pilots:
- data retention periods may be shortened;
- analytics and reporting may be limited;
- data may be anonymised, aggregated, or capped; and
- trial environments may be deleted upon expiry or termination.
Personal data is processed in accordance with Hoogly's Privacy Policy and, where applicable, any DPA entered into with a customer organisation.
7. AI-NATIVE PLATFORM ACKNOWLEDGEMENT
Hoogly is an AI-native platform. By using the website or platform, you acknowledge that:
- AI-generated outputs are probabilistic and may be incomplete or inaccurate;
- outputs are dependent on inputs, configurations, and contextual signals; and
- AI features are designed to support reflection, insight, and awareness.
AI outputs do not constitute professional advice and must not be relied upon for employment, legal, medical, psychological, or safety decisions.
8. NO EMPLOYMENT, ADVISORY, OR DUTY OF CARE ASSUMPTION
Hoogly does not act as:
- an employer, agent, or representative of any user or organisation;
- a manager, HR advisor, clinician, or decision-maker; or
- a provider of regulated professional services.
Each organisation remains solely responsible for:
- employment decisions;
- workplace health and safety obligations;
- psychosocial risk identification and management; and
- compliance with applicable employment and workplace laws.
Hoogly provides a technology platform only.
9. ACCEPTABLE USE
You must not, directly or indirectly:
- attempt to identify individuals from anonymised or aggregated data;
- interfere with security, anonymity, or access controls;
- copy, scrape, reverse engineer, or exploit the platform;
- misrepresent AI outputs as factual determinations; or
- use the platform for unlawful, harmful, or misleading purposes.
Hoogly may suspend or block access where misuse is suspected.
10. INTELLECTUAL PROPERTY
All intellectual property rights in the website, platform, software, content, AI models, branding, and documentation are owned by or licensed to Hoogly.
No rights are granted except as expressly stated in these Terms.
11. AVAILABILITY AND MODIFICATIONS
Hoogly does not guarantee uninterrupted availability of the website or platform.
Hoogly may:
- modify, suspend, or discontinue any aspect of the platform;
- introduce new features or retire existing ones; and
- change technical or operational requirements,
without notice and without liability.
12. SUSPENSION AND TERMINATION
Hoogly may suspend or terminate access to the website or platform if:
- these Terms are breached;
- access poses security, legal, or reputational risk; or
- required for operational, compliance, or business reasons.
Termination does not affect rights accrued prior to termination.
13. DISCLAIMERS
To the maximum extent permitted by law:
- the website and platform are provided without warranties of any kind;
- Hoogly does not warrant accuracy, completeness, or outcomes; and
- use of the platform is at your own risk.
14. LIMITATION OF LIABILITY
To the extent permitted by law, Hoogly is not liable for any indirect, incidental, special, or consequential loss arising from or in connection with use of the website or platform.
Nothing in these Terms limits liability that cannot be excluded under applicable law.
15. PRIVACY
Personal data is handled in accordance with Hoogly's Privacy Policy:
👉 https://hoogly.ai/privacy-policy/
16. CHANGES TO THESE TERMS
Hoogly may update these Terms by posting a revised version on its website. Continued use after publication constitutes acceptance of the updated Terms.
17. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of its courts.
18. CONTACT
Questions regarding these Terms may be directed to:
📧 legal@hoogly.com