Legal & Regulatory Framework

Confermax Terms of Use

Confermax Ltd has summarized its terms of use for the solution in one document. The terms are structured so that the first part applies to the customer and a second part for end users.

These customer terms govern the relationship between Confermax Limited and the contracting customer entity utilizing Confermax.com and Auditessential.com. All inquiries regarding customer agreements may be sent to .

1. License Grant, Intellectual Property & Non-Compete

The Customer is granted a non-exclusive, non-transferable right to utilize the administrative audit services offered by Confermax Limited via Confermax.com and Auditessential.com. The Customer is responsible for its use of the services and must ensure that such use does not impede Confermax Limited's ability to market or deliver its solutions.

All source code, scripts, documentation, trademarks, and other materials developed by Confermax Limited or its subcontractors, including all associated patents, copyrights, and intellectual property rights, remain the exclusive property of Confermax Limited. The Customer agrees not to use any specifications, materials, or information obtained through this agreement to develop or market a competing product or service during or after the term of this agreement.

2. End User Permissions & Customer Responsibilities

End users of the Customer are granted a time-limited, personal, non-transferable, and non-exclusive right to use the services provided on Confermax.com and Auditessential.com. These services must be used solely for the purposes outlined in this Agreement and in accordance with the applicable Terms of Use.

End users must be at least 18 years of age and legally capable of utilizing the service. Furthermore, end users must use their own verified identification credentials for all access and transactions.

The Customer is required and solely responsible for securing all necessary authorizations and permissions from its clients to receive and process account information and audit data through Confermax.com and Auditessential.com. The Customer agrees to defend and indemnify Confermax Limited against any claims from end users or third parties related to the Customer's use of our services.

3. Confidentiality & Platform Content Disclaimers

Confermax Limited maintains strict confidentiality of all information and files uploaded to Confermax.com and Auditessential.com. Exceptions apply only for the operational performance of the service as authorized by the Customer or as required by applicable laws and official regulations.

Confermax Limited is not involved in, nor responsible for, the underlying legal or commercial transactions facilitated by its services. Confermax Limited shall not be held liable for any losses arising from errors in its services or any third-party systems.

Confermax Limited does not monitor the content or format of documents sent, received, signed, or archived on Confermax.com and Auditessential.com, and is thus not responsible for content, form, or links. Confermax Limited is also not responsible for errors, omissions, or unexpected properties of data, file attachments, or external hyperlinks.

4. Service Availability, 99.9% Uptime Target & Technical Support

Confermax Limited reserves the right to close or suspend the service without notice if transactions are unlawful, the service is misused, or these terms are breached. Confermax Limited aims for a platform uptime of 99.9%, conducting regular technical monitoring, daily operations management, and proactive error handling across its infrastructure.

Confermax Limited will notify the Customer as soon as possible after becoming aware of any material error in the service and implement prompt measures to correct it. Our uptime target does not encompass failures caused by third-party subcontractors, though Confermax Limited will actively identify error sources and coordinate corrective actions.

Technical support is guaranteed Monday through Friday between 09:00 and 16:00 (HKT), excluding public holidays in the jurisdictions where Confermax Limited operates. Support inquiries receive an 8-hour initial response target, with resolution within the next business day in the event of a service error.

Confermax Limited has the right to implement planned maintenance measures that may lead to temporary interruptions or adjustments in the service. Confermax Limited will provide the Customer with at least 48 hours advance notice and do its utmost to minimize any operational inconvenience.

5. Force Majeure

Should an extraordinary situation arise beyond the reasonable control of the parties that affects contractual obligations and constitutes force majeure under applicable law, the other party shall be notified as soon as possible. Obligations of the affected party and consideration from the other party are suspended for the duration of the extraordinary situation.

In force majeure situations, neither party may terminate the agreement without the other's consent, unless the situation lasts or is expected to last longer than 14 calendar days from its occurrence. The parties maintain a mutual duty to exchange all pertinent information regarding the event without delay.

6. Pricing, Flexible Billing & Price Adjustments

Pricing is determined according to the current commercial price list or contract on a per-request or subscription basis, reflecting standard usage exclusive of statutory taxes (such as VAT, GST, or sales tax). Confermax Limited offers flexible billing options to accommodate customer requirements, including monthly invoicing based on actual usage or subscription tiers over the preceding month.

Customers are responsible for forwarding Confermax Limited products and invitations at their own risk and expense. Customers also remain solely accountable for any subsequent re-invoicing or fee collection from their audit clients.

The agreement runs from the time it is accepted by the Customer until terminated by either party without requirement for substantiation. There is no mandatory notice period for termination of standard customer terms unless specified in an enterprise order form.

Unless otherwise agreed in writing, prices may be adjusted annually. Confermax Limited may also adjust pricing with one week's written notice if external circumstances warrant, such as subcontractor price revisions, currency fluctuations, or legislative requirements.

7. Mutual Confidentiality & Marketing Restrictions

Both parties shall ensure that their staff, subcontractors, and contract assistants maintain strict confidentiality regarding technical and commercial matters that must be considered confidential to third parties. All knowledge acquired through customer data is strictly confidential and subject to a continuing duty of confidentiality, surviving agreement termination.

This duty of confidentiality does not restrict platform dissemination functions necessary to transmit information between authorized parties in accordance with the purchased service. Confermax Limited is solely responsible for transmission between designated parties in accordance with the service order.

The Customer undertakes to enforce all restrictions regarding the use of Confermax Limited services that arise from this agreement and applicable Terms of Use among its users and third parties. The Customer is responsible for user conduct and shall indemnify Confermax Limited in the event of non-compliance.

The Customer must obtain prior written approval from Confermax Limited before marketing Confermax or Auditessential services externally. Within the company and during direct customer proposal presentations, the Customer is permitted to promote the service freely.

8. Governing Law & Jurisdiction (US, Hong Kong & International)

Any legal matters pertaining to the relationship between the Customer and Confermax Limited will be governed by the laws of the jurisdiction where Confermax Limited maintains operating entities, including the United States, Hong Kong SAR, and relevant international jurisdictions. For customers contracting within North America, disputes shall be governed by applicable US federal and state laws; for Asian and global operations, Hong Kong and applicable international commercial laws apply.

Legal proceedings, should they arise, will be conducted in the competent courts located in the jurisdiction of Confermax Limited's principal operating place of business for that territory. For any questions regarding customer contracting, please email .

The terms below describe the rights and obligations you have as a user of Confermax.com and Auditessential.com, and by accepting the terms you also give permission to process personal data about yourself. It is imperative that you thoroughly examine these terms to determine your agreement before you commence using Confermax.com or Auditessential.com.

Should you have any inquiries regarding the Terms of Use, it is advisable to reach out to us via email at and await our reply prior to accepting the terms and utilizing our services.

Herein are the terms applicable to the usage of Confermax.com and Auditessential.com (the “Terms”), services provided by Confermax Ltd (“Confermax”). Both Confermax.com and Auditessential.com belong to Confermax Limited.

These terms are considered to have been read, comprehended, and consented to by the person utilizing Confermax.com or Auditessential.com (the “User”), once the User clicks on the “Complete” button (indicating registration) and utilizes the platform. These Terms govern the User's use of Confermax.com and Auditessential.com.

Users are encouraged to print and retain a copy of these Terms, along with proof of acceptance of the service.

The User must be 18 years of age or older to register and use Confermax.com and Auditessential.com.

1 – About Confermax & Auditessential

Confermax.com and Auditessential.com provide access to administrative audit services. Before the User accesses the services, the following information will be collected in the registration process: Name, Email address, Phone number, and Office affiliation.

Services made available on Confermax.com and Auditessential.com are based on secure identification of the auditor (User) and their physical office affiliation. It is therefore necessary that the User provides the correct information to fulfil the contractual relationship in accordance with these Terms.

2 – Price and Invoicing Provisions

Amounts charged follow the current price list or contract, with the addition of statutory VAT or applicable sales taxes at the time of payment.

3 – Service Level

It is a goal that Confermax.com and Auditessential.com should be available to customers and users 24 hours a day, 7 days a week. Confermax may restrict access to the Service in the event of a technical failure, software upgrade, system maintenance, changes, power outages, or similar conditions.

If Confermax is aware that the service will be unavailable, Confermax shall notify the User of this in a reasonable time before the service is made unavailable. If this is not known in advance, Confermax shall notify the User as soon as possible.

Confermax is not obliged to notify the User of restricted access to the service which is assumed not to be of significance to the User.

Notice may be in the form of a message sent to the email address provided by the User at registration and / or at www.confermax.com or www.auditessential.com.

4 – User’s Engagement with Confermax & Auditessential

4.1 General Usage

Users must engage with Confermax strictly as outlined in these terms.

Users will initially access Confermax using a secure authentication method. Upon first entry, authentication via a recognized electronic identification system will be required.

The credentials derived from such a system will confirm the User's identity during registration on Confermax. Subsequent access will utilize a username (email/phone number) and a self-chosen secure password.

All security measures, including passwords or codes, are private and the User bears full responsibility for their use. Users must ensure the uniqueness of their passwords/codes and safeguard them against disclosure to prevent unauthorized access to their Confermax account.

Passwords must be updated regularly to meet the current security requirements.

Users are liable for any losses stemming from the disclosure of their Confermax credentials or due to other user-related oversights.

Users agree to refrain from any unlawful access to Confermax's computer systems or unauthorized acquisition of data. This also covers any other actions that could compromise security or disrupt the service for other users.

In the event that a User inadvertently gains access to other users' or clients' data within Confermax, they are compelled to immediately report the incident to Confermax in writing and expunge any acquired information.

Users must not utilize any knowledge, specifications, or materials accessed through Confermax to create or promote a competing service, during or subsequent to the terms of this agreement.

Confermax does not actively supervise files/documentation on Confermax.com or Auditessential.com. Therefore, it is not accountable for the accuracy, legality, or any unsolicited characteristics of the data, file attachments, or external links contained therein.

Users must keep their personal information up-to-date on Confermax. Any changes to email addresses or other significant details must be self-reported by the User by logging into www.confermax.com or www.auditessential.com and adjusting the information in the personal settings area.

Should a User notice any inaccuracies, omissions, or irregularities that could impact Confermax's role as a service provider, it is the User's duty to promptly inform Confermax.

4.2 Additional Provisions

The User authorizes all correspondents, including businesses, organizations, and individuals, to engage with the User via Confermax. The User acknowledges and agrees that using Confermax for such communications is equivalent to receiving traditional mail at the User's physical address.

The User is responsible for monitoring their activity on Confermax.com and Auditessential.com at all times.

Confermax is not designed as a long-term document storage solution. Therefore, any received data, documents, etc., will be purged from the system 6 months after their arrival unless specified otherwise.

Once removed, such content becomes inaccessible immediately.

5 – Confermax’s Rights and Responsibilities

Confermax is accountable for managing the processes initiated by the User in line with these terms.

Confermax is not liable for any mishaps, oversights, or service interruptions that may occur due to hardware, software, Internet access or transmission issues, at the level of third-party service providers, or due to the User's chosen verification method.

Confermax does not review the substance or format of documents sent to, received by, or stored within Confermax, nor is it responsible for the contents or any embedded links.

Should Confermax identify any documents that are incorrectly sent, contravene any laws, regulations, or governmental directives, or are deemed by Confermax to constitute misuse, Confermax reserves the right to remove such documents.

Confermax may send messages to the User about new features, operational updates, and other information pertinent to the use of Confermax.

6 – Modifications

Confermax may modify these Terms with a month's prior notice to the User. Notices will be sent to the email address provided by the User during registration or communicated through the login portal at www.confermax.com or www.auditessential.com.

However, changes that are deemed by Confermax to be of benefit to the User, or of insignificant impact, may be made without prior notice. Nonetheless, Confermax will inform the User about any such changes via the email address on record, or during the User's subsequent login to Confermax, except when the change is of negligible consequence.

Should new features be added to Confermax, the User may be required to accept these features separately. Updates regarding new functionalities will be continuously posted on www.confermax.com, www.auditessential.com, and/or communicated to the User's email address.

7 – Privacy Obligations

Confermax Ltd, including its employees and service providers, is committed to maintaining the confidentiality of all information related to the User's interactions with Confermax.com and Auditessential.com. This obligation extends to preventing the misuse of any such information outside the scope of the service agreement or exposing it to third parties in a manner contrary to this privacy clause.

This duty of confidentiality persists beyond the termination of service with Confermax, and those who leave the company are bound by this same obligation indefinitely.

However, this confidentiality commitment does not override any legal obligations that may compel Confermax to disclose information as required by law, regulatory frameworks, or official directives.

8 – Personal Data Management

Confermax Ltd will handle the User's personal data in compliance with the prevailing data protection legislation across the United States, Hong Kong, and international jurisdictions. The entity responsible for data management is Confermax Ltd, owning both Confermax.com and Auditessential.com, with contact details provided on our websites and via .

8.1 Permission and Purpose for Data Processing

The User's personal details will be collected and utilized by Confermax in the course of providing the service. Such details include data that can be associated with an identifiable person, as detailed in the following section.

The scope of this data management encompasses acquiring, documenting, organizing, conserving, and sharing, or any related activities.

The processing of personal data within Confermax is carried out with the objective of upholding the rights and responsibilities outlined in these Terms, as well as enhancing the Confermax.com and Auditessential.com experience and directing communications to the User. By using Confermax, the User consents to the management of their personal data as outlined in this document.

Confermax will communicate with the User via email, including updates about new features, operational details, and other relevant information related to the use of Confermax. For these communications, the User authorizes Confermax to utilize the email address provided upon registration.

Confermax may also convey promotional messages to the User at the same email address, pending the User's consent. Users who do not wish to receive marketing communications can opt out by withdrawing their consent.

It is the User's responsibility to ensure that their contact details, including email address and telephone number, are accurate and up-to-date in Confermax's records. The User must notify Confermax of any changes through the prescribed methods to continue receiving email, SMS, or push notifications (as available) from Confermax.

8.2 Collection and Use of Personal Information

Confermax Ltd collects and processes personal information from Users and customers during the registration for a user account on Confermax.com and Auditessential.com and the subsequent utilization of our services. The types of personal data that Confermax Ltd gathers and processes include: User's full name; contact details such as office affiliation, telephone number, and email address; records of platform interactions including login details and activities; and electronic identifiers such as IP addresses and cookie data.

In instances where there is a legitimate requirement for the unequivocal identification of a user, and where the use of a personal identification number is essential for such identification, Confermax Ltd may process this data in compliance with applicable laws. This processing complies with the United States privacy frameworks, the Hong Kong Personal Data (Privacy) Ordinance (PDPO), and the EU General Data Protection Regulation (GDPR).

Users can access all their personal data collected by Confermax either through their account or upon request to . Confermax retains personal information necessary for service provision as long as the User maintains an account with us and for the duration needed for customer service purposes.

Moreover, we collect anonymous data for statistical analysis and service enhancement. This technical data includes browser type and settings, operating system used, screen resolution, and color depth.

Using Confermax.com and Auditessential.com requires the acceptance of cookies, which are small files saved on the user's device to facilitate internet service usage. Confermax utilizes cookies primarily for statistical purposes.

Users are not personally identified through our cookie use. Confermax may employ technologies similar to cookies or other future technologies that serve the same purpose.

Refer to our Política de privacidad for further details on our use of cookies.

We may also record Users' IP addresses. An IP address is a distinct number assigned to internet-connected devices.

We use IP addresses for broad demographic data collection and statistical purposes only, and do not link this information to Users or customers.

The collected information is essential for delivering Confermax services, for authentication, troubleshooting, and system improvements. It is also utilized for the development of new features and services, and for User communication.

8.3 Authentication Using Unique Identifiers

To access their Confermax account for the first time, Users may be prompted to provide their unique identifier and an electronic ID approved by Confermax. Users must keep their personal information confidential (as outlined in section 4.1).

Confermax is not liable for inaccuracies or lapses in the authentication service.

Confermax logs a User's unique identifier during the creation of their profile. This identifier is only for User authentication and is not retained for unintended purposes.

Unique identifiers may be required when there is a clear need for secure signee identification and when it is vital to such identification based on data protection laws. These identifiers are retained in accordance with Confermax's data retention policy, which defaults to 10 years unless stated otherwise by audit regulations.

8.4 Personal Information Sharing with Third Parties

Confermax Ltd is committed to adhering to the necessary security protocols for protecting personal data as outlined in applicable data protection laws and any directives issued by legal authorities.

9 – Reporting and Handling of Issues with Confermax

9.1 Reporting Issues

Customers must inform Confermax Ltd of any problems or deficiencies with the platform that prevent them from receiving the services they are entitled to under these Terms. Such issues should be reported promptly, and no later than 10 days from when the customer noticed or could reasonably have been expected to notice the concern.

9.2 Issue Resolution

Upon notification of any such issues, Confermax Ltd will take prompt action to address and resolve the reported problem or deficiency.

9.3 Liability Limitations

The services and information provided on Confermax.com and Auditessential.com are made available on an “as is” basis without any guarantees. Confermax Ltd and its partners will not be held liable for any kind of data loss, lost profits, or other damages or expenses arising from the use of the service or from service interruptions.

Confermax Ltd's liability for indirect or consequential damages, such as operational disruptions, inability to use the service as intended, or damage to data, is limited, unless these are caused by deliberate misconduct on the part of Confermax Ltd.

Customers are responsible for maintaining the confidentiality of their login credentials. Confermax Ltd assumes no responsibility for data transmitted or received by customers while using the service.

Nor is Confermax Ltd liable for data loss, corruption, service interruptions, or any issues related to the destruction or mishandling of a customer's data. Confermax Ltd is also not responsible for unauthorized access to a customer's data by other users, which may disrupt or impede the customer's use of the service.

9.4 Service Termination

In the event of a significant breach by Confermax Ltd, customers may terminate their agreement with Confermax Ltd with immediate effect by providing written notice. The procedures outlined in section 15, paragraph two, will apply to such terminations as appropriate.

10 – Non-Compliance by the User

10.1 Purchase Cancellation and Account Closure

Should a customer significantly breach these Terms, Confermax Ltd may terminate the service agreement immediately. The customer will be informed that their access will be deactivated, and they will no longer be able to access stored data after one month from the notice of termination.

Significant breaches include, but are not limited to, using Confermax for unsolicited marketing communications, failing to make payments, violating laws or regulations, or misusing the service or any related data.

Confermax Ltd may also temporarily suspend access to the service pending investigations or clarifications regarding a customer's use of Confermax. Whenever possible, Confermax Ltd will provide written notice to the customer via email before access is suspended.

For execution of such terminations or suspensions, the protocol described in section 15, paragraph two, will apply as is fitting.

11 – Indemnification

The User agrees to defend and hold harmless Confermax against any claims or liabilities incurred by third parties, arising from the User's violation or alleged complicity in the infringement of third-party rights (including intellectual property rights such as copyright, patents, trademarks, designs, trade secrets), or non-compliance with laws, regulations, or these Terms of Use. The User is permitted to take charge of the defense against such claims or work with Confermax to protect their interests as though the claims were made directly against the User.

Should Confermax be subject to any claim due to the User's actions, the User is obliged to cover not only the direct financial loss but also the costs and reasonable expenses related to managing and resolving the claim.

12 – Limitation of Liability (Force Majeure)

Confermax shall not be held accountable for any losses resulting from government actions, conflicts, uprisings, public disturbances, acts of vandalism, sabotage, terrorism, or industrial disputes such as strikes or lockouts, irrespective of whether they are directed towards or initiated by Confermax or its affiliates, even if only part of Confermax's operations are affected. This exemption also includes failures in digital infrastructure or disruptions caused by external providers that occur due to the aforementioned events.

13 – Assignment of Rights and Obligations

The right to use Confermax.com and Auditessential.com is personal to the User and may not be transferred. The services provided by Confermax should not be sold, leased, or made available to others, which includes performing services on behalf of third parties.

14 – Notices

Unless otherwise specified in these Terms, all notices pertaining to the agreement should be written and sent to the designated contact addresses. Notices to Confermax Ltd shall be sent via email to , and notices to the User shall be sent to the email address provided upon registration with Confermax.

15 – Termination

Either party may end the agreement with a two-week written notice, without needing to give a reason, as long as all pending transactions are completed and there are no outstanding obligations between the parties.

Upon termination, the User's access to Confermax.com and Auditessential.com will be revoked. The User is responsible for securing copies of any data they wish to retain post-termination.

Confermax may keep data as necessary for continued customer service. If a User's account is inactive for over 18 months, Confermax may disable the account 14 days after sending a notification of impending deactivation.

In the event of a User's passing, their account and data will be erased three months after Confermax is informed of the death, with the exception of any data necessary for ongoing customer relations.

16 – Service and Payment Terms for Data Storage

All requests, confirmations, and documents managed through Confermax, along with all audit engagements, workpapers, trial balances, and documentation managed through Audit Essential, are kept on secure servers.

Confermax may restrict certain features or access for the User in the case of a security breach across Confermax.com or Auditessential.com. Unpaid accounts will result in suspension of service.

Access may also be blocked for misuse or activities that contravene applicable laws. Refer to section 10 for further details.

17 – Governing Law and Jurisdiction

The agreement will be governed by and interpreted following the laws of the jurisdictions where Confermax Ltd operates, encompassing the United States, Hong Kong SAR, and international jurisdictions. Any disputes that cannot be settled amicably may be taken to the appropriate competent courts, in line with local jurisdictional laws.