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Terms of Service

Last updated: 19 July 2026

These Terms of Service (“Terms”) govern your access to and use of the Poseidon Watch platform, website, demonstration environments, and related services (together, the “Service”), operated by AxionSite Pty Ltd trading as Poseidon Watch (ABN: 73 698 423 442) (“we”, “us”, “our”). By accessing or using the Service you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation.

1. What the Service is — and what it is not

Poseidon Watch is a cloud-based, software-as-a-service (SaaS) visual intelligence layer. It connects over IP to camera systems that you already own and operate, analyses those video streams using automated computer vision, and raises alerts about possible safety events — such as possible submersions, unsupervised children, or after-hours boundary breaches — for review and action by your personnel.

The Service is a supplementary detection and notification aid only. It is not a life-saving device, it is not certified for emergency response, and it must never be relied upon as the sole or primary means of supervising a pool or aquatic environment.

2. Human supervision is always the first line of defence

Trained human supervision — lifeguards, water watchers, and responsible adults — is, and must always remain, the first and most important line of defence in any aquatic environment. Poseidon Watch is designed to operate strictly as a backup layer: an additional set of digital eyes that supports, but can never replace, the vigilance, judgement, and physical response capability of people on site.

By using the Service, you acknowledge and agree that:

  • You remain solely and ultimately responsible for the safety of every person in and around your facility, including the supervision of swimmers, the staffing and rostering of qualified lifeguards or supervisors, and the physical response to any incident.
  • The Service does not, and cannot, prevent drownings, injuries, or other incidents. It provides alerts about possible events; it cannot rescue anyone, administer first aid, or dispatch emergency services.
  • All alerts require prompt human verification and response. An absence of alerts must never be treated as confirmation that no risk exists.
  • Like all technology, the Service is subject to limitations and potential failures — including camera positioning and image quality, network or power interruptions, adverse lighting or water conditions, and the inherent statistical limits of automated detection. Events may go undetected, and false alerts may occur.
  • You will continue to maintain all physical safety measures and comply with all applicable safety regulations, standards, and industry guidance — including barriers, fencing, gates, signage, staffing ratios, and emergency procedures — as though the Service were not installed.

3. Your responsibilities

  • Provide and maintain compatible camera infrastructure, network connectivity, and power.
  • Ensure your use of the Service — including the capture and transmission of video from your premises — complies with all applicable laws, including surveillance, workplace monitoring, and privacy laws, and that all required signage, notices, and consents are in place.
  • Keep account credentials secure and ensure only authorised personnel access the Service.
  • Configure alert routing, monitoring zones, and escalation procedures appropriate to your site.
  • Verify and respond to alerts promptly with appropriately trained personnel.

4. Acceptable use

You must not:

  • Use the Service for any unlawful purpose or in breach of any applicable law;
  • Reverse engineer, decompile, or attempt to extract the source code, models, or algorithms of the Service;
  • Resell, sublicense, or make the Service available to third parties without our written consent;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Use the Service to monitor areas or people where you lack the legal right to do so.

5. Intellectual property

We (and our licensors) own all intellectual property rights in the Service, including our software, models, algorithms, interfaces, documentation, and branding. You retain all rights in your video streams and site data. You grant us a limited licence to process your video streams and related data solely to provide, maintain, secure, and improve the Service, consistent with our Privacy Policy.

6. Availability and changes

We aim for high availability but do not guarantee that the Service will be uninterrupted or error-free. Planned maintenance, emergency fixes, and factors outside our control (including your network and camera infrastructure) may affect availability. We may modify or improve features of the Service, and will use reasonable efforts to notify you of material changes.

7. Disclaimer of warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will detect every safety event, or that alerts will be timely, accurate, or complete in every circumstance.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law or any other statutory protection that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.

8. Limitation of liability

To the maximum extent permitted by law, and subject to the non-excludable rights described in Section 7:

  • We accept no liability for any death, personal injury, drowning, or property damage arising from or in connection with events occurring at your facility, including events that the Service failed to detect, or detected but for which alerts were not received, verified, or acted upon. Responsibility for the supervision of your facility, and for responding to incidents, rests with you at all times, and the allocation of that risk remains with you and your insurer.
  • We are not liable for any indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenue, data, or goodwill.
  • Our total aggregate liability arising out of or relating to the Service is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim.

9. Indemnity

You indemnify us against claims, losses, and expenses arising from your breach of these Terms, your unlawful use of the Service, or your failure to obtain required consents or provide required notices in connection with video surveillance at your premises — except to the extent caused by our negligence or wilful misconduct.

10. Termination

Either party may terminate in accordance with the applicable subscription agreement. We may suspend or terminate access immediately if you materially breach these Terms. On termination, your right to use the Service ceases and we will handle your data in accordance with our Privacy Policy.

11. General

These Terms are governed by the laws of Australia. Any disputes are subject to the exclusive jurisdiction of the Australian courts. If any provision is found unenforceable, the remainder continues in effect. We may update these Terms from time to time; material changes will be notified via the Service or by email, and continued use after changes take effect constitutes acceptance.

12. Contact

Questions about these Terms can be directed to us via the contact details published on this site.

AxionSite Pty Ltd trading as Poseidon Watch (ABN: 73 698 423 442)