These Terms of Service ("Terms") govern your access to and use of Performance HR On Demand and any related online services, including the client portal and the "Mira" AI assistant (together, the "Platform"), operated by Performance HR Pty Ltd ("Performance HR", "we", "us", "our"). By accessing or using the Platform, you agree to these Terms on behalf of yourself and any organisation you represent, and you warrant that you have authority to do so. If you do not agree, do not use the Platform. If you have a separate written services agreement with us, that agreement prevails over these Terms to the extent of any inconsistency.
During the pilot, the Platform is provided on a beta basis to a small number of invited customers. Features may change, be limited, or occasionally be unavailable, and we may contact you for feedback. You should not rely on the Platform as your sole record-keeping system during the pilot, and you should keep your own copies of important documents.
The Platform provides HR guidance and support from Performance HR, delivered partly through an AI assistant ("Mira") trained on Performance HR's expertise and grounded in documents you provide, and partly through human HR specialists.
Performance HR are HR professionals, not lawyers. All guidance - whether AI-generated or from a human specialist - is general HR guidance, not legal advice. We bring deep HR expertise focused on what matters most for a business: how defensible a matter is, industrial relations and employment risk, cultural and business impact, and whether an issue can be resolved or avoided. This means we will often flag where a matter carries employment or industrial-relations risk, framed in HR terms - but we do not give legal opinions, we do not provide legal representation, and nothing we provide is legal advice. Where a matter genuinely requires formal legal advice or legal representation, we will tell you, and you should engage a qualified lawyer for that element. All guidance is general in nature and is not a substitute for advice tailored to your specific circumstances or for legal advice. You are responsible for the decisions you make.
Mira's responses are generated using artificial intelligence based on Performance HR's training and any documents you provide. AI outputs are provided for general HR guidance only, may be inaccurate, incomplete or out of date, and should be reviewed by you before you act on them. Do not rely on AI outputs as a substitute for advice tailored to your specific circumstances. Where an important or higher-risk matter is identified, we may recommend you speak with a human HR specialist.
Our guidance covers HR practice (for example performance, conduct, policies and procedures, process, difficult conversations, and workplace relations). It does not cover legal representation, litigation, taxation, or matters outside HR. Where a matter falls outside scope, we will recommend you engage the appropriate professional.
To use certain features you must register an account and provide accurate information. You are responsible for keeping your login details confidential and for all activity under your account, and for limiting access to authorised personnel only. Notify us immediately of any unauthorised use or suspected security breach. You are responsible for adding and removing your own users.
You retain ownership of the documents and content you upload ("Your Content"). You grant Performance HR a licence to host, store and process Your Content solely to provide, maintain, secure and improve the Platform and to deliver our services to you. Based on our current platform design and provider arrangements, we do not use Your Content to train foundation AI models or make it available to unaffiliated third parties, and Your Content is stored and processed within Australia. [Provider guarantees to be confirmed in writing before go-live.] See our Privacy Policy. You warrant that you are entitled to provide Your Content, including any employee personal information, and that doing so does not breach any law or third-party right.
You agree not to use the Platform to upload or transmit content that is unlawful, infringing, harassing, defamatory or harmful; to upload malicious code; to attempt to gain unauthorised access to the Platform or other systems; to interfere with or place undue load on the Platform; to scrape or harvest data except as expressly permitted; or to use the Platform to build a competing product. We may review, refuse or remove content and suspend or terminate accounts that breach these Terms.
Performance HR maintains professional indemnity insurance for its HR advisory services. [IMPORTANT - to be confirmed before go-live: whether the PI policy covers AI-delivered guidance as well as human advice. Do not publish a specific coverage-scope claim until the broker/insurer confirms in writing.]
Subscription fees are billed as set out at sign-up (ex-GST; GST added where applicable). Add-ons (for example discovery, case reviews, and expert time) are billed as incurred. Payments are processed via Stripe and invoiced via Xero. Fees are non-refundable except as required by the Australian Consumer Law.
Expert calls and case reviews may be paid upfront or invoiced. Free 15-minute discovery calls carry no charge.
We aim to keep the Platform available but do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features, and will use reasonable efforts to give notice of material changes affecting active customers, except where immediate action is needed for security, legal or operational reasons.
To the extent permitted by law, the Platform is provided "as is" and "as available", and we exclude implied warranties. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law that cannot lawfully be excluded. Where our liability can be limited under that law, it is limited to re-supplying the service or paying the cost of re-supply.
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or loss of profits or data, arising from your use of or inability to use the Platform. Subject to the Australian Consumer Law, our total liability arising from or relating to these Terms is limited to the amount you paid us for the service in the 12 months before the event giving rise to the claim. This clause does not limit liability that cannot be limited by law.
You agree to indemnify Performance HR against claims and costs arising from Your Content, your breach of these Terms, or your unlawful use of the Platform, except to the extent caused by our negligence or breach.
Either party may terminate as set out in your subscription. We may suspend or terminate access for breach of these Terms or for security, legal or operational reasons. On termination we will give you a reasonable opportunity to export Your Content, and will delete or de-identify it in line with our Privacy Policy and any records we must keep by law.
These Terms are governed by the laws of Victoria, Australia, and you submit to the non-exclusive jurisdiction of its courts. [Set to Victoria as Performance HR's home State - confirm preferred State/Territory with counsel before go-live.]
We may revise these Terms from time to time. We will post material changes on the Platform and, where appropriate, notify you by email. Continued use after changes take effect indicates your acceptance.
Performance HR Pty Ltd. Email: hello@performancehr.com.au.