Commercial terms
These Commercial Terms govern the use of Firmgate Enterprise software, licence keys, documentation, and related services supplied by SolStak Pty Ltd (ABN as registered) ("SolStak", "we", "us"). By purchasing, activating, or using an Enterprise licence, the customer organisation ("Customer", "you") agrees to these terms.
"Software" means the Firmgate Enterprise platform, including application code, binaries, containers, configuration templates, updates, patches, documentation, and any materials supplied under an Enterprise licence.
"Enterprise Licence" means the commercial licence key and entitlement set purchased from SolStak that unlocks specified modules (for example AI, CRM, Security Clearance, LDAP, SAML, or Microsoft 365 integrations) for the licensed user count and term.
"Confidential Information" means non-public technical, commercial, or security information relating to the Software, including source code, architecture, licence mechanisms, and pricing.
Subject to payment of applicable fees and compliance with these terms, SolStak grants Customer a limited, non-exclusive, non-transferable, revocable licence to install and use the Software on infrastructure controlled by Customer, solely for Customer's internal business purposes and only for the modules, user count, and term specified in the applicable order or licence record.
Unless expressly agreed in writing, the licence does not permit use by affiliates, subsidiaries, or third parties outside the licensed organisation. Sub-licensing, resale, hosting for unrelated third parties, or use as a managed service for external clients is prohibited without a separate written agreement with SolStak.
All intellectual property rights in and to the Software — including source code, object code, user interfaces, designs, trade marks, documentation, know-how, and derivative works — remain the exclusive property of SolStak Pty Ltd and its licensors.
No ownership interest in the Software is transferred to Customer. Customer receives only the limited usage rights described in these Commercial Terms and the applicable licence entitlement.
The Firmgate name, logos, and branding may not be modified or used in a manner that implies ownership, endorsement, or partnership without SolStak's prior written consent.
Where Customer receives access to source code, containers, or deployment artefacts, such materials are provided solely to enable licensed self-hosted operation. Customer must not:
Customer is responsible for securing deployment credentials, licence keys, and any repository access provided by SolStak. Unauthorised disclosure may result in immediate licence suspension.
Enterprise modules are enabled only when a valid licence key issued by SolStak is applied in the product. Licence keys are confidential, organisation-specific, and must not be shared outside the licensed environment.
Customer must not circumvent, disable, or tamper with licence validation, module gating, or security controls. Attempts to unlock Enterprise functionality without a valid licence constitute a material breach.
SolStak may update entitlement definitions, module packaging, or licence verification mechanisms as part of maintenance releases, provided core purchased entitlements remain available for the licensed term.
Enterprise fees are charged as agreed in the applicable pricing schedule or order (for example monthly per-tier pricing in AUD). Fees are non-refundable except where required by law or expressly stated in writing.
Invoices are due according to the payment terms on the invoice. Late payment may result in suspension of support, licence renewal, or entitlement updates until accounts are current.
Prices exclude GST and other applicable taxes unless stated otherwise. Customer is responsible for any taxes, duties, or withholdings associated with the purchase.
The Enterprise Licence covers AI software modules and their integration within Firmgate. It does not include the cost of AI inference, API usage, GPU infrastructure, or third-party model provider accounts.
Customers may connect cloud APIs or self-hosted models under Administration → AI Settings. The commercial and operational impact of that choice — especially for heavy use of AI Document Search, AI Tender Assistant, and AI Policy Assistant — is the Customer's responsibility.
Token-based charges are paid directly to the provider. Organisations using document search and tender analysis at scale can incur hundreds or thousands of dollars per month in API costs, depending on model, volume, and prompt size.
When Customer runs inference on infrastructure it controls, there is effectively zero per-query cost to SolStak — only Customer's own hardware, power, and operations. This model suits sovereign, air-gapped, and high-volume AI workloads.
SolStak does not mark up, resell, or guarantee pricing for third-party AI providers. Customer is solely responsible for selecting inference backends, monitoring usage, managing API keys, and paying external AI costs.
Commercial support is provided in accordance with the Enterprise support and SLA schedule published on the Firmgate Enterprise site. Severity classification and response targets are determined by SolStak based on business impact.
Support does not include unlimited custom development, on-site services, or remediation of issues caused by unauthorised modifications, unsupported environments, or third-party integrations not approved by SolStak, unless covered by a separate professional services agreement.
Each party must protect the other's Confidential Information using at least the same degree of care it uses for its own confidential materials, and no less than reasonable care.
Confidential Information may be disclosed only to personnel and contractors with a need to know, and who are bound by written confidentiality obligations. Disclosure required by law must be minimised and, where permitted, preceded by notice to SolStak.
Customer retains ownership of its business data processed within the Software. Because Firmgate Enterprise is self-hosted, Customer controls infrastructure, backups, access controls, and data residency.
Customer is responsible for secure operation of its environment, including patching, network controls, identity management, and compliance with applicable laws. SolStak does not access Customer production data except under an agreed support or professional services engagement.
SolStak warrants that it has the right to grant the Enterprise Licence for the licensed term.
Except as expressly stated, the Software and support are provided "as is" and "as available". To the maximum extent permitted by law, SolStak disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Customer is responsible for evaluating whether the Software meets its regulatory, security, and operational requirements before production use.
To the maximum extent permitted by law, SolStak's aggregate liability arising from or related to the Software, licence, or support in any twelve-month period is limited to the fees paid by Customer for the Enterprise Licence in that period.
SolStak is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business interruption, even if advised of the possibility of such damages.
Nothing in these terms limits liability that cannot be limited under applicable law, including liability for fraud or conduct that cannot be excluded under the Australian Consumer Law.
Customer must maintain records sufficient to demonstrate compliance with user limits, licence scope, and these Commercial Terms.
On reasonable notice, SolStak may request written confirmation of licensed user counts, deployment scope, and licence key usage. Material under-licensing or unauthorised use may result in invoice adjustment, licence termination, or legal remedies.
The Enterprise Licence continues for the purchased term while fees are current and these terms are observed. Either party may terminate for material breach not remedied within thirty (30) days of written notice.
On termination or expiry, Customer must cease use of Enterprise entitlements, remove or disable licence keys where practicable, and certify destruction of confidential materials received from SolStak, except for archival copies required by law.
Sections relating to intellectual property, confidentiality, limitations of liability, and governing law survive termination.
These Commercial Terms are governed by the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, subject to any non-excludable rights under applicable consumer protection legislation.
For licensing, orders, and commercial enquiries: sales@firmgate.io.
For support incidents and SLA matters: support@firmgate.io.
SolStak Pty Ltd — Australian-owned ICT and Cyber Security specialists.
