Terms and Conditions
1. About Govern365
Govern365 provides software tools to support your governance and compliance work. The platform helps you organize, track, and manage compliance-related activities across frameworks including ISO/IEC 42001, ISO/IEC 27001, the EU AI Act, NIST AI RMF, and other AI and information security frameworks used globally.
The platform provides informational and organizational functionality only. It does not provide legal, regulatory, or professional advice. Nothing on the platform should be treated as guidance from a qualified legal or compliance professional. Use of Govern365 does not constitute legal advice in any jurisdiction.
Govern365 is operated by Global AI Certification Council Ltd, NZBN 9429053120038, a company registered in New Zealand.
2. Acceptance of Terms
By creating an account, accessing, or using the platform, you confirm that you have read, understood, and agree to these terms. If you are using the platform on behalf of an organization, you confirm that you have authority to bind that organization to these terms.
You must be at least 18 years old to use the platform.
3. Your Responsibilities
You are solely responsible for how you use the platform. This includes:
- Ensuring your organization meets all applicable laws and regulations in every jurisdiction where you operate
- Verifying that the platform is suitable for your specific compliance needs
- Maintaining the accuracy, completeness, and lawfulness of any data, documents, or decisions you enter
- Ensuring you have the right to upload, store, and process any data you submit to the platform
- Reviewing all platform outputs before relying on them for compliance, audit, regulatory, or business decisions
You are responsible for the security of your account credentials. You agree to:
- Keep your username, password, and any other access credentials confidential and secure
- Not share your credentials with any other person, including colleagues, contractors, or third parties
- Not allow any other person to access the platform using your credentials
- Use strong, unique passwords and enable multi-factor authentication where available
- Notify us immediately at support(at)gaicc(dot)org if you suspect any unauthorized access to your account or any compromise of your credentials
You are liable for all activity that occurs under your account, whether or not authorized by you, unless and until you notify us of a credential compromise.
Govern365 does not review, validate, or verify any content you submit.
4. Certifications and No Compliance Guarantee
No compliance guarantee. Use of Govern365 does not guarantee that your organization is compliant with any law, regulation, or framework. We make no warranty that use of the platform will satisfy any legal, regulatory, audit, or third-party requirement.
Govern365 platform. The Govern365 platform is a software tool. The platform itself does not issue any certifications.
GAICC professional certifications. The Global AI Certification Council (GAICC) issues professional certifications to individuals who complete GAICC training programs. These include credentials based on ISO/IEC 42001 (such as Foundation, Lead Implementer, Lead Auditor, Internal Auditor, Senior Lead Implementer, and Senior Lead Auditor) and the Govern365 Certified Associate (G365-CA) credential, which validates an individual’s proficiency in using the Govern365 platform. GAICC’s training programs are accredited by the CPD Standards Office (United Kingdom) for continuing professional development purposes.
No organizational management system certification. GAICC does not issue organizational management system certifications. This means GAICC does not certify that any organization’s AI management system, information security management system, or other management system conforms to ISO/IEC 42001, ISO/IEC 27001, or any other international standard. Organizational certification against these standards is a separate process that requires independent assessment and audit by a certification body accredited under ISO/IEC 17021, and is determined solely by that certification body.
No claim of organizational certification. You agree not to represent, suggest, or imply to any third party (including auditors, regulators, customers, or partners) that your organization is certified against ISO/IEC 42001, ISO/IEC 27001, or any other international standard solely on the basis of using Govern365 or holding any GAICC professional credential.
5. AI-Generated Outputs
The platform uses artificial intelligence to assist with tasks such as risk scoring, control recommendations, evidence summarization, and content generation. AI-generated outputs are suggestions only, not definitive determinations.
You must review all AI-generated content before relying on it. AI outputs may contain inaccuracies, omissions, or errors. We are not liable for decisions you make based on AI-generated content.
6. Data Ownership and Privacy
You retain all rights, title, and interest in the data you upload to the platform (“Customer Data”). You grant Govern365 a limited, worldwide, non-exclusive license to host, process, store, transmit, display, and use Customer Data solely to provide and improve the service.
We may use aggregated and anonymized data (data that cannot identify you, your organization, or any individual) for product improvement, analytics, and research purposes.
Our handling of personal data is governed by our Privacy Policy, available at govern365.ai/privacy-policy. The Privacy Policy forms part of these terms.
Customer Data may be stored and processed in New Zealand, Australia, the United States, the European Union, or other locations where our service providers operate. By using the platform, you consent to this cross-border transfer of data.
For customers in jurisdictions requiring a Data Processing Agreement (including the EU, UK, and similar), a DPA is available on request and forms part of these terms when executed.
7. Confidentiality
8. Intellectual Property
Govern365’s IP. Govern365 and its licensors retain all rights, title, and interest in and to the platform, including all software, source code, object code, algorithms, models, templates, frameworks, content, designs, user interfaces, documentation, trademarks, logos, and any related intellectual property rights worldwide. No rights are granted to you except those expressly set out in these terms.
Your license to use the platform. Subject to your compliance with these terms and payment of applicable fees, Govern365 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the platform during your active subscription period, solely for your internal business purposes.
Your data. You retain all rights, title, and interest in Customer Data, subject to the license you grant us in Section 6.
Restrictions. You may not:
- Copy, modify, adapt, translate, or create derivative works of the platform
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the platform, except to the extent this restriction is prohibited by applicable law
- Resell, sublicense, lease, rent, distribute, or make the platform available to any third party
- Use the platform to build, train, or improve a competing product, service, or machine learning model
- Use the platform’s outputs, templates, or content to train any artificial intelligence model
- Scrape, harvest, or use automated means (including bots, crawlers, or scripts) to access the platform other than through approved APIs
- Publish performance benchmarks, comparisons, or reviews of the platform without our prior written consent
- Remove, alter, or obscure any proprietary notices, trademarks, or branding on the platform
- Use Govern365 or GAICC trademarks, logos, or branding without our prior written consent
Feedback. If you provide any feedback, suggestions, or ideas about the platform, you grant Govern365 a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that feedback into the platform without any obligation to you.
Third-party content. The platform may include third-party content, libraries, or open-source components. Your use of those components is subject to their respective licenses.
Infringement claims. If you believe any content on the platform infringes your intellectual property rights, contact us at support(at)gaicc(dot)org with details of the alleged infringement.
9. Acceptable Use
You agree not to:
- Use the platform for any unlawful, fraudulent, or harmful purpose
- Upload viruses, malware, or any malicious code
- Attempt to gain unauthorized access to the platform, other accounts, or related systems
- Interfere with or disrupt the platform’s operation or security
- Upload content that infringes any third party’s intellectual property, privacy, or other rights
- Use the platform in any sanctioned jurisdiction or in violation of export control laws
- Submit personal data without a lawful basis to do so
We reserve the right to suspend or terminate accounts that violate these terms, with or without notice.
10. Subscription, Fees, and Payment
Access to paid features requires an active subscription. Subscription fees, billing frequency, and renewal terms are set out at the point of purchase or in a separate order form.
Unless stated otherwise:
- Subscriptions auto-renew at the end of each billing period
- You may cancel renewal at any time before the next billing date through your account settings
- Fees are non-refundable except where required by law
- We may suspend access if fees remain unpaid for more than 14 days after they become due
- Fees are exclusive of GST, VAT, sales tax, and other applicable taxes, which you are responsible for paying
We may change fees with at least 30 days’ notice before your next renewal. Continued use of the platform after a fee change takes effect constitutes acceptance of the new fees.
11. Service Availability
We aim to make the platform available at all times but do not guarantee uninterrupted access. The platform may be temporarily unavailable due to maintenance, updates, technical issues, or events outside our control. We will use reasonable efforts to provide advance notice of planned maintenance.
We make no specific uptime commitment except as set out in a separate Service Level Agreement, if any, agreed in writing.
12. Third-Party Services
The platform integrates with and relies on third-party services (including cloud hosting, AI providers, payment processors, and email services). We are not responsible for the performance, availability, or content of third-party services. Your use of any third-party service is governed by that provider’s terms.
We may engage sub-processors to help deliver the service. A current list of sub-processors is available on request.
13. Limitation of Liability
- Govern365 is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, business opportunity, goodwill, or anticipated savings
- We are not liable for any errors in your compliance activities, regulatory penalties, fines, enforcement actions, or third-party claims arising from your use of the service
- Our total aggregate liability to you for any and all claims arising out of or relating to these terms or the platform is limited to the fees you paid us in the twelve (12) months immediately preceding the event giving rise to the claim
The above limitations do not apply to:
- Liability for fraud or willful misconduct
- Liability for death or personal injury caused by negligence
- Any liability that cannot be limited or excluded under applicable law
If you are a consumer in a jurisdiction with mandatory consumer protection laws (including the New Zealand Consumer Guarantees Act 1993, the Australian Consumer Law, the UK Consumer Rights Act 2015, and equivalent laws in the EU), nothing in these terms limits or excludes rights that cannot be limited or excluded under those laws.
14. Indemnity
You agree to indemnify and hold Govern365 harmless from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from:
- Your breach of these terms
- Your violation of any law or third-party right
- Your use of the platform in a manner not permitted under these terms
- Any content or data you upload to the platform
15. Termination
By you. You may terminate your account at any time by canceling your subscription. Cancellation takes effect at the end of your current billing period. Fees already paid are non-refundable.
By us. We may suspend or terminate your account immediately if:
- You materially breach these terms and do not remedy the breach within 14 days of being notified
- You become insolvent, bankrupt, or enter liquidation
- We are required to do so by law
- We discontinue the service (with at least 60 days’ notice where practicable)
Effect of termination.
- Your access to the platform will end
- You may export your data within 30 days of termination through the platform’s export tools
- After 30 days, we may delete your data, except where retention is required by law
- Clauses that by their nature should survive termination (including liability, intellectual property, confidentiality, indemnity, and governing law) will continue to apply
16. Marketing Communications
By creating an account, you may receive transactional and service-related communications from us (such as billing notices, security alerts, and platform updates). These are necessary for the operation of your account and cannot be opted out of while your account remains active.
Marketing communications about new features, content, events, and offers are sent only if you opt in. You can update your marketing preferences or unsubscribe at any time through your account settings or the unsubscribe link in any marketing message.
We do not send automated voice calls for marketing purposes.
17. Changes to Terms
We may update these terms from time to time. For material changes affecting your rights or obligations, we will notify you at least 30 days before the changes take effect, by email or through the platform.
If you do not agree to material changes, you may cancel your subscription before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated terms.
Non-material changes (such as clarifications, formatting, or updates to reflect new features) take effect when posted.
18. Force Majeure
19. Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent.
We may assign or transfer our rights and obligations to a successor entity, including in connection with a merger, acquisition, sale of assets, or corporate restructuring, by providing notice to you.
21. Relationship with GAICC
22. Notices
23. General
Entire agreement. These terms, together with our Privacy Policy and any order form or DPA, constitute the entire agreement between you and Govern365 regarding the platform and supersede all prior agreements.
Severability. If any provision of these terms is found unenforceable, the remaining provisions will continue in full force.
Waiver. Our failure to enforce any provision is not a waiver of that provision or any other right.
No partnership. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship.
Headings. Headings are for convenience only and do not affect interpretation.
Language. These terms are in English. Any translation is for convenience only, and the English version prevails in case of conflict.