Last Updated: 6th November, 2025
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“You” or “Your”) and Diagno Energy Pty Ltd (“Diagno”, “We”, “Us”, or “Our”). By accessing or using any of Our Services, You acknowledge that You have read, understood, and agree to be bound by these Terms.
1.1 Activation: The process of onboarding a Device and establishing a data stream to the Diagno platform.
1.2 API: Application Programming Interface, a mechanism enabling connection between third-party systems and the Diagno platform.
1.3 Customer Data: All data, metadata, or related information provided to or collected by Diagno in connection with the Services that relates to personal identification data.
1.4 Fee: The monetary charge for Services, as outlined in Section 8.
1.5 FTP: File Transfer Protocol used for data exchange.
1.6 Intellectual Property Rights: All proprietary rights, including but not limited to patents, trademarks, copyrights, trade secrets, and design rights, in the Diagno platform.
1.7 Services: The remote monitoring and diagnostic platform services provided by Diagno, further described in Section 2.
1.8 You: The individual, business, or entity entering into this agreement with Diagno.
1.9 Device: Asset from which data is collected to deliver the Services.
1.10 Deidentified: That cannot on its own be used to relate to identifiable information, entity or person.
1.11 Device Data: Data provided by a Device which is Deidentified by default.
1.12 Data Access: Access enabled by You to collect Device Data from the Device.
1.13 Dashboard: Web-based interface to Diagno’s Services
2.1 Diagno provides remote Data Access and diagnostic tools for solar PV systems, Battery Energy Storage Systems (BESS) and other Consumer Energy Resources (CER) via an online platform.
2.2 Basic Service Tier: (a) Access to the Diagno web-based Dashboard. (b) System-level performance metrics. (c) Visualisation and data download tools. (d) identified, undiagnosed faults.
2.3 Pro Service Tier: (a) All Basic Tier inclusions. (b) Access to machine learning-based diagnostics identifying underperformance, risk factors, and probable failure modes. (c) reactive alerts for diagnostics publication & resolution. (d) access to quoting for issue remediation.
2.4 Disclaimer: (a) Diagnostic outputs are generated algorithmically and are inherently probabilistic. (b) While Diagno takes reasonable care in the output provided, there is an inherent margin for error due to the probabilistic nature of these measures. (c) Users are advised to use these features with an understanding that absolute accuracy, completeness, and reliability cannot be warranted.
2.5 Indemnity: You agree to fully indemnify, defend, and hold harmless Diagno, its employees, officers, and agents from any claims, damages, losses, liabilities, or expenses arising from or relating to Your reliance on any diagnostic result provided under the Pro Service Tier or faults identified under the Basic Service Tier.
3.1 Diagno does not provide or support installation or configuration of hardware.
3.2 You shall ensure that any hardware or software under Your control is appropriately configured to transmit data to Diagno via API, FTP, or similar protocols.
3.3 Each Device connection to the platform requires a one-time Activation Fee. Any modification, replacement, or reconfiguration may be treated as a new activation.
3.4 Once Data Access to Device is granted by You, Diagno will onboard the Device and start collecting, storing and utilizing the Device Data.
3.5 Data Access can be revoked by You at any time by: (a)reversing Data Access on Your end, (b) deleting the Device from the Dashboard, (c) written request.
3.6 If Data Access for a Device is revoked, Diagno will stop collecting and storing Device Data from Device.
4.1 By providing or authorising Data Access to Device Data, You grant Diagno a licence to use, store, process, and analyse such data.
4.2 This licence also includes the right to deidentify Customer Data and utilize it for: (a) Research and development; (b) Product improvement and analytics; (c) Training of machine learning models.
4.3 Customer Data can be deleted or updated by You by: (a) deleting the Customer Data from the Dashboard (b) written request.
4.4 Deidentified Customer Data is not stored and can no longer be utilized if the associated Customer Data is deleted.
4.5 While Data Access to a Device can be revoked, the Device Data historically collected cannot be deleted.
4.6 The historical Device Data collected by Diagno may be utilized for: (a) Research and development; (b) Product improvement and analytics; (c) Training of machine learning models; even after Data Access is revoked.
5.1 Diagno undertakes to apply appropriate technical and organisational measures in line with international standards (e.g., ISO/IEC 27001, ISO 27018, GDPR).
5.2 Diagno makes no warranty, express or implied, regarding the absolute security of data transmissions or protection against unauthorised access beyond its reasonable control. To mitigate some of these risks, Diagno conducts weekly backups of its databases.
5.3 You agree to indemnify Diagno for any liability, claim, or expense resulting from security incidents not caused by Diagno’s gross negligence or wilful misconduct.
6.1 Diagno does not guarantee uninterrupted access to the platform.
6.2 Service availability may be impacted by: (a) External APIs or third-party platforms; (b) Network disruptions; (c) Hardware failures or misconfigurations under Your control.
6.3 You remain liable for all Fees regardless of interruptions not caused solely by Diagno.
7.1 All Intellectual Property Rights in the Services and platform are and shall remain vested in Diagno.
7.2 You shall not reverse-engineer, modify, replicate, or exploit any aspect of the Diagno platform without Our express written consent.
8.1 Fees are detailed in Your quotation or commercial agreement.
8.2 Diagno reserves the right to revise Fees at any time. Fee adjustments may be made due to: (a) Increased third-party API or service costs; (b) Cloud infrastructure or hosting changes; (c) General operational overhead increases.
8.3 Fee revisions will take effect no earlier than 14 days after written notice.
8.4 All payments are due on the agreed billing cycle. Late payments will attract interest at 10% per annum from the due date until paid in full.
8.5 Where You have provided a payment method, You authorise Diagno to automatically charge Fees as they fall due.
9.1 Diagno may suspend or terminate Your access without notice where: (a) You breach these Terms; (b) Required by law or regulation.
9.2 You may request service cancellation by email. Diagno may, at its sole discretion, approve or reject such request.
9.3 Upon cancellation, You remain liable for all Fees accrued to date, and any amounts already paid are non-refundable.
10.1 These Terms are governed by the laws of New South Wales, Australia.
10.2 In the event of a dispute, parties agree to engage in good-faith negotiations prior to initiating formal legal proceedings.
10.3 Unresolved disputes shall be subject to the exclusive jurisdiction of the courts of New South Wales.
11.1 Diagno may amend these Terms at any time by written notice or publication on its website.
11.2 Continued use of the Services following such amendments constitutes acceptance of the revised Terms.
12.1 All notices shall be delivered via email to the last notified address of the receiving party and will be deemed received upon successful transmission.
By using the Diagno platform, You confirm that You have read, understood, and agree to these Terms of Service in their entirety.
