Terms of business

BlueArc MMS is a maintenance management system for businesses that inspect, service and certify plant and equipment. It is supplied as a subscription service and includes the office web app, the Android field app for phones and tablets, and the customer portal.

The service includes a platform library of inspection, service, load test and repair forms, and a standards and measures library. Each client organisation works on its own copy of the platform forms and can tailor them. Submitted forms keep the version they were filled on.

The iPhone app and SMS alerts are optional and are supplied only where the proposal includes them, at the additional cost it states.

Each person who uses BlueArc MMS needs an account created by their organisation. Roles are held per organisation: organisation administrator, operations manager, account administrator, inspector, technical administrator, customer administrator and customer viewer. One person can belong to more than one organisation.

The client is responsible for who it gives access to, the roles it assigns, and removing access for people who no longer need it. Administrators must use two factor sign in. Users must not share their sign in details.

The client may invite its own customers to the customer portal. Portal users see only their own account. The client is responsible for its portal users, including any job requests they log and estimates they approve.

The field app is distributed through Google Play, and its use is also subject to Google's terms.

BlueArc MMS, including its source code, architecture, configuration, platform forms, standards and measures library, workflows and methodologies, is and remains the property of BlueArc.

The client is granted a non exclusive, non transferable right to use BlueArc MMS for its own business purposes for as long as it holds a current subscription and its account is not in arrears. That right is not a sale, an assignment or a perpetual licence, and it ends when the subscription ends. The client may not resell, sublicense, distribute, copy, decompile or reverse engineer BlueArc MMS, or permit anyone else to.

The client keeps all rights in its own documents, including forms it uploads to Form from PDF and the branding it adds to its reports and certificates.

The client owns its data at all times, including its asset register, customers, contacts, sites, jobs, inspection records, photos, signatures, defects, certificates, estimates and invoices. BlueArc holds it to deliver the service and for no other purpose, and handles it on the client's behalf.

Every record belongs to one organisation, and documents and photos are private rather than public links. Client data is not used to train any artificial intelligence model, whether BlueArc's or a third party's.

Client data at rest, including the database, files and sign in, is stored on Australian infrastructure in the Sydney region. Some providers process data outside Australia: the AI features are processed by Anthropic, and email and mobile push notifications are delivered by United States based services. The providers are listed in our Privacy Policy. BlueArc will notify clients in advance of any change to where client data is stored.

The client is responsible for having the right to enter personal information about its customers, workers and other people into BlueArc MMS, and for giving them any notices the law requires. BlueArc will protect client data in line with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

BlueArc MMS attaches Australian Standards to each asset class, and the standards decide what an inspection records. Every measure in the platform library cites the standard it comes from. Pass and fail limits are set up for some asset classes and measures, and the library shows which ones carry them. Where a limit is set up, the field app shows whether a reading is within the standard's limit or fails it.

An organisation administrator can change the client's library and forms. The client is responsible for confirming that the standards, measures, limits and forms it uses are current and suitable for its work, including any changes it makes.

Responsibility for each inspection, the severity of any defect, any decision to accept a risk rather than rectify it, the decision to certify, and the final position of any asset remains with the client and its competent persons. A report stays awaiting competent person sign off until the competent person named on the job signs it. Due dates and major inspection dates shown in BlueArc MMS are prompts, not determinations. BlueArc MMS supports professional judgement. It does not replace it.

BlueArc MMS uses AI in three places: Form from PDF, which drafts a form template from a client's existing document; AI Suggest, which proposes estimate line items; and report summaries.

AI output is always a draft. A form drafted by Form from PDF arrives as an inactive template for a competent person to review before it is used. The client is responsible for checking any AI output before relying on it. AI requests are processed by Anthropic outside Australia, and Anthropic's commercial terms prohibit training on this data.

Nothing reaches a client's customer or supplier by email, SMS or push notification without a person releasing it, and a blocked send is audited. The client is responsible for the content and recipients of anything it releases.

Email alerts and scheduled report emails are sent from the client's own email account once it is connected. SMS alerts are available at additional cost where the proposal includes them.

BlueArc MMS integrates with Xero for accounting. The client connects its own Xero account, and Xero's terms apply to the client's use of Xero. BlueArc is not responsible for the availability or conduct of third party services the client chooses to connect.

Assets can be loaded by bulk import from a spreadsheet template. Rows the import cannot classify are held back for the client to review rather than guessed, and the Data Quality screen lists records that are missing something. The client is responsible for the accuracy of the data it imports and enters.

Each organisation is backed up nightly, and backups are kept on a set schedule. An organisation administrator can make a backup at any time and download it. A restore runs as a dry run first and needs three consents before it proceeds. The client is responsible for any decision to restore, which can change the organisation's current data.

Regulated changes in BlueArc MMS are written to an append only audit log, recording who made the change, what changed, when and from where. The audit log cannot be altered afterwards. Entries remain in the log even where the underlying record is later corrected, superseded or removed, because a record that can be quietly changed is not a record.

The client must use BlueArc MMS lawfully and must not, and must ensure its users do not, attempt to access another organisation's data, interfere with or test the security of the service without BlueArc's written consent, upload harmful code, or use the service in a way that disrupts it for others. BlueArc may suspend a user's access only to the extent and for as long as reasonably necessary to protect the service or other clients, and will tell the client promptly and why.

BlueArc will use reasonable efforts to keep BlueArc MMS available and may carry out maintenance from time to time, giving reasonable notice of planned maintenance where practicable. The field app keeps working without signal and syncs when the device reconnects. Help is built into every page, and support is available at [email protected].

BlueArc warrants that BlueArc MMS, as configured for the client, will be free of material technical defects for 30 days after the client's go live date. A defect means the software failing to do its documented job because of a coding, integration or configuration fault. Defects reported in that window are fixed at no extra cost. An enhancement or change request is a change to scope beyond the proposal, and is quoted and approved separately.

This warranty is in addition to, and does not limit, any right or remedy under the Australian Consumer Law that cannot lawfully be excluded.

The scope of an engagement is the set up described in the accepted proposal. If additional requirements emerge, BlueArc will document the change, provide a written estimate of the extra time and cost, and obtain the client's written approval before doing the work.

Fees, the payment schedule and the currency are set out in the accepted proposal. All amounts are in Australian dollars and exclusive of GST unless stated otherwise. Invoices are payable within 14 days of the invoice date.

BlueArc will give at least 60 days' written notice of any change to an ongoing fee. A client who does not accept the change may terminate on written notice within that period, and the change will not apply before termination takes effect.

Where an account remains unpaid, BlueArc may suspend access after giving written notice and a reasonable opportunity to bring the account up to date. Suspension does not affect the client's right to an export of its data under clause 17.

The subscription runs month to month unless the proposal states otherwise. Either party may end it on 90 days' written notice. On early termination BlueArc will invoice for work completed to that date and refund any pre paid fees for undelivered services on a pro rata basis.

Either party may terminate immediately by written notice if the other commits a material breach and does not remedy it within 30 days of being asked to, or becomes insolvent.

An organisation administrator can download a backup of the organisation's records and files at any time. On termination, and on request at any time, BlueArc will also provide a complete export of the client's data in a common, machine readable format, at no charge, within 30 days of the request.

BlueArc will retain the client's data for 90 days after termination so that a late export request can still be met, then delete it, other than records BlueArc is required by law to keep, and will confirm deletion in writing on request. This is a right to the client's own data, not a licence to BlueArc MMS or any other BlueArc intellectual property.

Demonstrations, walkthroughs and trial access are provided as they are, using a demonstration company and sample data unless agreed otherwise. BlueArc gives no warranty for them beyond what the law requires and may change or withdraw them at any time.

Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy under the Australian Consumer Law or any other law, to the extent it cannot lawfully be excluded, restricted or modified.

Subject to that, each party's total liability under an engagement is capped at the total fees paid or payable by the client in the 12 months before the claim, and neither party is liable to the other for indirect, consequential or incidental loss. The cap does not apply to the client's obligation to pay fees, to a breach of confidentiality, or to infringement of the other party's intellectual property. Where BlueArc is liable for a failure to comply with a consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use, its liability is limited, at its option, to supplying the services again or paying the cost of having them supplied again.

Both parties will treat information shared during the engagement as confidential and will not disclose it to a third party without prior written consent, unless required by law.

Disputes will first be addressed through good faith negotiation. If a dispute is unresolved after 30 days, it goes to mediation before either party commences court proceedings. This does not prevent either party seeking urgent relief from a court.

These terms are governed by the laws of New South Wales, Australia. The parties submit to the non exclusive jurisdiction of the courts of New South Wales.

BlueArc may update these terms from time to time. The terms that apply to an engagement are those published when the client accepted the proposal, unless both parties agree a change in writing. BlueArc will give at least 30 days' written notice before any change takes effect for an engagement.