Terms and Conditions

1. Eligibility

You must be at least 18 years old and have authority to enter these Terms for yourself or the organisation you represent. You must provide accurate account information, keep credentials secure and promptly tell us about unauthorised use. You are responsible for activity through your account to the extent caused by you or an authorised user.

2. Account Registration

To use the Service, you will need to create an account. You agree to:

• Provide accurate, current, and complete information
• Keep your login credentials confidential
• Notify us promptly of any unauthorised use of your account
• Be responsible for all activity that occurs under your account

We may suspend or terminate accounts that provide false information or breach these Terms.

3. The Service

The Service may include AI-assisted content creation, asset management, social media connections, scheduling, customer engagement, analytics, usage allowances and related professional services. The Service uses artificial intelligence models including our own systems and, in some cases, third-party AI providers to provide content and other services. Features, availability and plan limits are described at the point of purchase or in an agreed order. We may update, modify, or discontinue features of the Service at any time. We will try to give reasonable notice of material changes where practical.

4. Subscriptions, Fees and Payment

• Certain features of the Service require payment of fees, as described at the point of purchase.
• Fees are billed monthly, quarterly, yearly or per use and are processed by our third-party payment processor (see Section 8).
• Fees are charged in advance unless the checkout page or an agreed order says otherwise. All fees are quoted in Australia Dollars and are exclusive of GST unless stated otherwise. GST will be added where applicable under Australian law.
• Except as required by law or as otherwise stated in these Terms, fees are non-refundable.
• We may change our fees on reasonable notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.
• You are responsible for cancelling any subscription before it renews if you no longer wish to be charged.
• A subscription renews at the end of each billing period unless cancelled before the renewal date. You can cancel through the billing settings or by contacting us at the email below. Cancellation stops future renewals and access continues until the end of the paid period, unless the law requires a different remedy. We will present the recurring charge, billing interval, cancellation method, any trial, the treatment of unused plan allowances, and material fee changes clearly before purchase and before they apply.
• If payment fails, we will give reasonable notice and a reasonable opportunity to update payment details before suspension, unless immediate action is reasonably necessary for security or fraud prevention.

5. Refunds

Our Refund Policy forms part of these Terms. It explains our approach to change-of-mind requests, billing errors and service faults. It does not limit your rights under the ACL.

6. Your Inputs and Connected Accounts

You retain ownership of the content, prompts, briefs and materials you submit to the Service (Inputs). You grant us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Inputs (including to third-party providers) solely for the purpose of operating and improving the Service and generating your requested content.

You are responsible for ensuring that your Inputs:

• Do not infringe any third party's intellectual property, privacy, or other rights
• Are not unlawful, defamatory, obscene, or misleading
• Do not contain personal information about others that you are not authorised to share

Do not submit content that is unlawful, infringing, defamatory, misleading or that contains another person’s personal information without appropriate authority.

We may remove or refuse to process Inputs that we reasonably believe breach these Terms.

7. AI-Generated Output

Subject to your compliance with these Terms and payment of applicable fees, we assign to you all rights, title, and interest we may hold in the marketing content generated for you through the Service ("Output"), to the extent such rights exist and are capable of being assigned.

You acknowledge that:

• AI-generated Output may be similar to content generated for other users from similar Inputs, as AI models can produce comparable results from comparable prompts
• We do not guarantee that Output is free from third-party intellectual property claims, and you are responsible for reviewing Output before commercial use
• The legal status of copyright in AI-generated content is an evolving area of law in Australia and elsewhere, and we make no representation as to the enforceability of any rights in Output

8. Acceptable Use

You agree not to use the Service to:

• generate content that is illegal, fraudulent, defamatory, discriminatory, or infringing of third-party rights
• generate deceptive or misleading marketing content, including false or unsubstantiated claims about products or services
• generate, upload or distribute child sexual abuse material, non-consensual intimate content, content that sexualises a child, credible threats, material that promotes suicide or self-harm, or other unlawful, harmful, discriminatory, defamatory, sexually exploitative or fraudulent content;
• attempt to reverse engineer, scrape, or interfere with the Service or its underlying models;
• use the Service in a manner that breaches any applicable law, including Australian Consumer Law and advertising standards
• resell access to the Service without our written permission; or
• use a connected account in breach of that platform’s terms or the account holder’s instructions.

We may remove or restrict content, suspend access and make reports where reasonably necessary to investigate a breach, protect people, comply with law, respond to a valid authority request or protect the Service. We do not undertake to monitor every Input or Output, and a failure to act immediately does not mean content is permitted.

8A. Content Safety Reports

To report suspected prohibited, harmful or unlawful content, email complaints@aicuitymedia.com with the subject line “Safety Report”. Include the relevant account email, link or project identifier, a concise description of the concern and any material needed to locate the content. Do not send illegal material to us. We will assess the report and may take proportionate action, including but not limited to restricting content or access, preserving information, or making a report where required or appropriate under law.

9. Third-Party Services

We use various third-party providers to operate the Service including but not limited to various AI model providers, payment processors and cloud hosting providers. The Service may also interact with social media platforms you choose to connect. Those providers have their own terms and privacy practices. We only enable a provider to receive personal information after the legal entity, processing location, retention setting and contractual data-protection requirements have been recorded in our Processor Register. Our Privacy Policy and Third-Party Services page explain our handling of personal information.

10. Suspension and Termination

You may stop using the Service and cancel a subscription at any time. We may suspend or terminate access where reasonably necessary to protect the Service, comply with law, address security risks, prevent harm or respond to a material breach. Where reasonable, we will give notice and an opportunity to remedy before termination. Termination does not affect rights accrued before termination.

11. Disclaimers

The Service, including all AI-generated Output, is provided "as is" and "as available." To the maximum extent permitted by law:

• We do not warrant that Output will be accurate, complete, suitable for any particular purpose, or free of errors
• You are solely responsible for reviewing, fact-checking, and approving Output before publishing or relying on it commercially
• We do not warrant that the Service will be uninterrupted, secure, or error-free

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

12. Limitations of Liability

To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Service, however arising (including negligence), is limited to the amount you paid us for the Service in the 12 months prior to the event giving rise to the claim.

We are not liable for indirect, consequential, or special loss, including loss of profits, loss of business, or reputational harm, arising from your use of the Service or reliance on any Output.

This section does not limit liability that cannot be excluded under the Australian Consumer Law or other applicable law.

13. Indemnity

You agree to indemnify and hold us harmless from any claims, losses, or expenses (including reasonable legal costs) arising from:

• Your breach of these Terms
• Your Inputs or use of Output in a way that infringes third-party rights or applicable law
• Your misuse of the Service

To the extent permitted by law, you indemnify us against losses, liabilities and reasonable costs arising from your material breach of these Terms, your Inputs or your use of Output, but only to the extent caused by your unlawful conduct, infringement or misuse of the Service. This does not apply to the extent a loss is caused by our negligence, breach of these Terms or conduct for which we are legally responsible.

14. Intellectual Property in the Service

Excluding your Inputs and the Output assigned to you under Section 6, all intellectual property in the Service — including software, models, design, and branding — remains our property or that of our licensors. You may not copy, modify, or create derivative works of the Service itself.

15. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a revised "Last updated" date. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. For material changes, we will use reasonable efforts to notify you in advance

16. Governing Law and Disputes

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales and the Commonwealth of Australia have non-exclusive jurisdiction, subject to any rights you have under applicable consumer protection laws. Before starting formal proceedings, each party should first try in good faith to resolve the dispute by contacting the other party.

Contact Us

AICUITY MEDIA PTY LTD (ACN 699 329 621)

Website: www.aicuitymedia.com

Email: info@aicuitymedia.com