Terms of Use.

Last Updated: January 2025

1. Acceptance of Terms

By accessing and using the Nxt7a platform ("Service"), operated by Next Seven Again Pty Ltd ("NextSevenAgain", "we", "our", "us"), you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, you must not use the Service. These terms are governed by the laws of New South Wales, Australia.

2. Description of Service

Nxt7a is an environmental intelligence platform that provides:

• Biodiversity assessment and analysis tools
• Access to environmental and spatial datasets
• Biodiversity credit marketplace functionality
• AI-powered species identification and analysis
• Conservation planning and reporting tools

3. User Accounts and Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

4. Subscription Plans and Payments

NextSevenAgain offers subscription plans agreed per organisation:

• Subscription fees are charged in advance on a monthly or annual basis
• All fees are in Australian Dollars (AUD) unless otherwise stated
• Fees are non-refundable except as required by Australian Consumer Law
• We reserve the right to modify pricing with 30 days' notice
• You may cancel your subscription at any time through your account settings

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code or engage in harmful activities
• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service without authorisation
• Use automated systems to scrape or download data without permission

6. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by NextSevenAgain and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of data and content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, and process your content solely to provide the Service to you.

7. Data Accuracy and Assessment Limitations

While we strive for accuracy, biodiversity assessments provided through the Service are:

• Based on available datasets and AI analysis, which may contain errors or omissions
• Provided as indicative estimates and should not be considered definitive
• Not a substitute for professional ecological assessment or survey work
• Subject to limitations of remote sensing and modelling technologies

Users should verify assessment results with qualified ecologists before making decisions based on platform outputs.

8. Biodiversity Credits and Marketplace

The biodiversity credit marketplace is subject to additional terms:

• We act as a facilitator and are not party to transactions between buyers and sellers
• All credits listed must comply with Australian Nature Repair Market regulations
• Verification of credits is the responsibility of the credit issuer
• We do not guarantee the availability, quality, or value of any credits listed
• Disputes regarding credit transactions must be resolved between parties

9. Third-Party Data and Content

The Service integrates data from various government agencies, research institutions, and third-party providers. We make reasonable efforts to ensure data quality but do not warrant the accuracy, completeness, or reliability of third-party data. Users should refer to original data sources for authoritative information.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind
• We do not warrant uninterrupted, timely, secure, or error-free operation
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you in the 12 months prior to the claim

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

11. Australian Consumer Law

Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract and receive a refund for the unused portion, or to compensation for the drop in value of your services. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

12. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which complies with the Australian Privacy Principles under the Privacy Act 1988 (Cth). Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

13. Indemnification

You agree to indemnify and hold harmless NextSevenAgain, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of another party.

14. Termination

We may terminate or suspend your account and access to the Service:

• Immediately for breach of these Terms
• With 30 days' notice for any reason
• Immediately if required by law or regulatory authority

Upon termination, your right to use the Service ceases immediately. Provisions that should survive termination (including liability limitations and dispute resolution) will remain in effect.

15. Dispute Resolution

If a dispute arises:

• Contact us first to attempt informal resolution
• If unresolved, parties agree to mediation before commencing legal proceedings
• Any legal proceedings must be brought in the courts of New South Wales, Australia
• These Terms are governed by the laws of New South Wales and the Commonwealth of Australia

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

18. Contact Information

For questions about these Terms of Use, please contact us at:

Next Seven Again Pty Ltd
Email: info@nextsevenagain.com
Address: 8/92a Mona Vale Road, Warriewood NSW 2102, Australia