1. Acceptance of Terms

By accessing or using GAUGЯ ("the Service"), operated by George Henry Atkinson trading as VENIN (ABN 45 930 728 600) ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity) and George Henry Atkinson trading as VENIN regarding your use of GAUGЯ.

2. Description of Service

GAUGЯ is a cloud-based software-as-a-service (SaaS) platform designed to help Australian alcohol distilleries manage:

Production records and batch tracking
Excise duty calculations and remission tracking
ATO compliance documentation and reporting
Vessel and barrel inventory management
Audit trail and compliance alerts

The Service is provided "as is" and is intended as a tool to assist with record-keeping. You remain solely responsible for ensuring compliance with all applicable laws and regulations, including Australian Taxation Office requirements.

3. User Accounts and Security

Account Registration

To use GAUGЯ, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You must immediately notify us of any unauthorized use of your account
We recommend enabling two-factor authentication for enhanced security
You must not share your account credentials with third parties
You are responsible for ensuring your team members comply with these Terms

Account Termination

We reserve the right to suspend or terminate your account if you breach these Terms, fail to pay applicable fees, or engage in conduct that may harm our Service or other users.

4. Acceptable Use Policy

You agree to use GAUGЯ only for lawful purposes. You must not:

Use the Service for any illegal activity or to violate any laws
Attempt to gain unauthorized access to any part of the Service
Interfere with or disrupt the Service or servers
Upload malicious code, viruses, or harmful content
Use the Service to transmit spam or unauthorized advertising
Impersonate any person or entity
Collect or harvest user data without authorization
Use automated systems (bots, scrapers) without our written permission

5. Subscription and Payment

Pricing

GAUGЯ offers various subscription plans. Current pricing is available on our website. All prices are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.

Billing

Subscriptions are billed in advance on a monthly or annual basis
Payment is processed securely through Stripe
You authorize us to charge your payment method for all applicable fees
Failure to pay may result in suspension or termination of your account

Free Trial

We offer a 60-day free trial for new users. Payment details are required at signup. At the end of your trial period, your subscription will automatically begin and your payment method will be charged. You may cancel at any time during the trial to avoid being charged.

Payment Failures

If a payment fails, we will attempt to charge your payment method up to three (3) times over three (3) days. If all attempts fail, your account will be suspended until payment is resolved. You remain responsible for any outstanding fees.

Refunds

Subscription fees are non-refundable except as required by Australian Consumer Law. If you cancel during your billing period, you will retain access until the end of that period.

6. Service Level Agreement (SLA)

Uptime Commitment

We commit to maintaining 99.99% monthly uptime for the Service ("Uptime Commitment"). This equates to approximately 4.3 minutes of permitted downtime per month, or approximately 52 minutes per year.

Uptime Calculation

Monthly uptime percentage is calculated as: ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) × 100. "Downtime" means any period where the Service is unavailable to users, as measured by our monitoring systems.

Exclusions

The following are excluded from downtime calculations and do not count toward the Uptime Commitment:

Scheduled maintenance (announced at least 24 hours in advance via email or in-app notification)
Emergency security patches or critical updates
Issues caused by factors outside our reasonable control, including force majeure events, internet connectivity issues, or third-party service failures
Issues resulting from your equipment, software, network connections, or actions
Issues caused by your violation of these Terms or misuse of the Service
Beta features, preview releases, or features marked as experimental

Service Credits

If we fail to meet the Uptime Commitment in any calendar month, you may be eligible for a service credit applied to your next billing cycle:

99.9% – 99.99% uptime: 10% credit of that month's subscription fee
99.0% – 99.9% uptime: 20% credit of that month's subscription fee
Below 99.0% uptime: 30% credit of that month's subscription fee

Credit Request Process

To receive a service credit, you must submit a request to support@gaugr.au within 30 days of the end of the affected month. Requests must include the dates and times of the claimed downtime. We will verify claims against our monitoring data.

Credit Limitations

Service credits are your sole and exclusive remedy for any failure to meet the Uptime Commitment. Credits are non-transferable, have no cash value, and cannot exceed 30% of your monthly subscription fee. Credits will not be issued if your account is in arrears or has been suspended for any reason.

7. Intellectual Property

Our Intellectual Property

The Service, including its original content, features, functionality, and design, is owned by VENIN and protected by Australian and international copyright, trademark, and other intellectual property laws.

Your Content

You retain all rights to the data and content you input into GAUGЯ ("Your Content"). By using the Service, you grant us a limited license to store, process, and display Your Content solely to provide the Service to you.

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

8. Disclaimer of Warranties

To the maximum extent permitted by law, GAUGЯ is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to:

Merchantability or fitness for a particular purpose
Accuracy, reliability, or completeness of calculations
Uninterrupted or error-free operation
Compatibility with your systems or requirements

Important: GAUGЯ is a record-keeping tool, not a substitute for professional accounting or legal advice. You should verify all calculations and consult with qualified professionals regarding ATO compliance.

9. Limitation of Liability

To the maximum extent permitted by Australian law, in no event shall VENIN, its employees, contractors, or affiliates be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Any damages arising from your use or inability to use the Service
Any errors in excise calculations or ATO compliance matters

Our total liability to you for any claim arising from your use of the Service shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection laws that cannot be excluded, restricted, or modified by agreement.

If you acquire the Service as a consumer within the meaning of the Australian Consumer Law, you have certain statutory guarantees that cannot be excluded. Our liability for breach of any such guarantee is limited (to the extent permitted by law) to:

Re-supply of the services; or
Payment of the cost of having the services re-supplied.

11. Indemnification

You agree to indemnify, defend, and hold harmless VENIN and its employees, contractors, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content you submit through the Service

12. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account settings in the Service. Upon termination, you will lose access to the Service and Your Content may be deleted after a reasonable retention period.

Termination by Us

We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms.

Effect of Termination

Upon termination, your right to use the Service will cease immediately. We may retain certain information as required by law or for legitimate business purposes. Sections of these Terms that by their nature should survive termination will survive.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Last updated" date. For significant changes, we will provide notice via email or through the Service.

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising from or relating to these Terms or your use of the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VENIN regarding the Service and supersede all prior agreements.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us:

Email: legal@venin.space
Website: gaugr.au