Last Updated: 30th October 2024

Last Updated: 30th October 2024

Terms

Welcome to Solutionary.AI. These Terms of Service ("Terms") govern your access to and use of our website, services, and content. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before using our services. If you do not agree with any part of these Terms, you must not use our website or services.


1. Definitions

"We," "Us," "Our" refers to Solutionary.AI, an Australian-based AI solutions provider operating in Victoria.

"You," "Your" refers to the individual or entity accessing our website or using our services.

"Services" includes our website, content, AI consultation services, workflow design, implementation support, and any related offerings.

"Content" means all information, text, images, data, software, and materials available through our Services.

"Client" refers to any individual or business that engages us for paid services beyond website browsing.

2. Acceptance of Terms

By accessing our website or using our services, you confirm that:

  • You are at least 18 years of age or have parental/guardian consent

  • You have the legal capacity to enter into binding agreements

  • You will comply with all applicable laws and regulations

  • All information you provide is accurate and current

If you are accessing our services on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms.

3. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website.

Your Responsibilities:

  • Review these Terms periodically for updates

  • The "Last updated" date indicates when the Terms were last revised

  • Continued use of our Services after changes constitutes acceptance

  • Material changes will be highlighted on our website

If you do not agree to modified Terms, you must discontinue use of our Services.

4. Use of Our Website

Permitted Use

You may use our website and content for:

  • Researching AI solutions and automation strategies

  • Reading blog posts, case studies, and educational resources

  • Contacting us for inquiries or consultation requests

  • Evaluating our services for potential business needs

Prohibited Activities

You agree NOT to:

  • Use our Services for any unlawful purpose or in violation of these Terms

  • Attempt to gain unauthorised access to our systems, servers, or networks

  • Interfere with or disrupt the integrity or performance of our Services

  • Transmit viruses, malware, or any harmful code

  • Scrape, harvest, or collect data from our website using automated means without permission

  • Reproduce, duplicate, copy, sell, or exploit any portion of our Services without written consent

  • Impersonate any person or entity, or falsely state or misrepresent your affiliation

  • Use our Services to compete with us or create similar offerings

  • Post or transmit any defamatory, offensive, or inappropriate content

  • Violate any applicable local, state, national, or international law

Consequences of Violation

Violation of these Terms may result in:

  • Immediate termination of your access to our Services

  • Legal action to protect our rights and interests

  • Liability for damages caused by your violations

5. Intellectual Property Rights

Our Ownership

All content, features, and functionality on our website are owned by Solutionary.AI and protected by Australian and international copyright, trademark, and intellectual property laws.

This includes but is not limited to:

  • Website design, layout, and graphics

  • Blog posts, articles, and written content

  • Logos, branding, and trademarks

  • Software, code, and technical implementations

  • Proprietary methodologies and frameworks

  • Case studies and business insights

Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and view our website content for personal or internal business purposes

  • Download or print individual pages for reference (with attribution)

  • Share links to our content on social media or communications

Restrictions

You may NOT:

  • Modify, reproduce, or create derivative works from our content

  • Distribute, sell, or sublicense our content without written permission

  • Remove copyright notices, attributions, or proprietary markings

  • Use our content for commercial purposes without authorization

  • Frame or embed our content on other websites without consent

Your Content

When you submit content to us (e.g., inquiry forms, comments, feedback), you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content for business purposes, including:

  • Responding to your inquiries

  • Improving our Services

  • Creating anonymised case studies or testimonials (with your permission)

You represent that any content you submit does not violate third-party rights or applicable laws.

6. Services and Consultation

General Information

The information on our website is provided for general informational purposes only. It does not constitute professional advice, and should not be relied upon as the sole basis for business decisions.

No Guarantee of Results

While we strive to provide valuable AI solutions and insights:

  • We do not guarantee specific outcomes or business results

  • Implementation success depends on various factors beyond our control

  • Past performance or case studies do not guarantee future results

  • Each business situation is unique and requires individual assessment

Consultation Process

Formal consultation or implementation services are subject to separate agreements that will include:

  • Scope of work and deliverables

  • Pricing and payment terms

  • Timelines and milestones

  • Specific terms and conditions

  • Confidentiality provisions

These Terms govern website use; paid services require execution of a separate service agreement.

7. Third-Party Services and Links

External Links

Our website may contain links to third-party websites, tools, or services for your convenience.

Important Disclaimers:

  • We do not endorse, control, or assume responsibility for third-party content

  • Third-party sites have their own terms and privacy policies

  • We are not liable for any loss or damage from your use of third-party services

  • Links do not imply partnership, sponsorship, or affiliation unless explicitly stated

Third-Party Tools

We may recommend or integrate with third-party AI tools, platforms, or software. Your use of these tools is subject to their respective terms and conditions.

8. Disclaimer of Warranties

"AS IS" Basis

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied.

We Specifically Disclaim:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement

  • That our Services will be uninterrupted, secure, or error-free

  • That defects will be corrected or that our servers are free from viruses or harmful components

  • The accuracy, reliability, or completeness of any content or information

  • That our Services will meet your specific requirements or expectations

Australian Consumer Law

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

9. Limitation of Liability

Maximum Liability

To the fullest extent permitted by law, Solutionary.AI and its directors, employees, partners, and affiliates shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages

  • Loss of profits, revenue, data, use, goodwill, or intangible losses

  • Damages resulting from your access to or inability to access our Services

  • Damages resulting from any unauthorized access to or alteration of your data

  • Damages resulting from third-party conduct or content on our Services

  • Any other matter relating to our Services

Liability Cap

Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the amount you paid us (if any) in the 12 months preceding the claim, or AUD $100, whichever is greater.

Australian Consumer Law

Nothing in these Terms limits our liability for:

  • Death or personal injury caused by negligence

  • Fraud or fraudulent misrepresentation

  • Any liability that cannot be excluded under Australian Consumer Law

10. Indemnification

You agree to indemnify, defend, and hold harmless Solutionary.AI, its officers, directors, employees, contractors, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

  • Your violation of these Terms

  • Your use or misuse of our Services

  • Your violation of any third-party rights, including intellectual property rights

  • Any content you submit or transmit through our Services

  • Your violation of any applicable laws or regulations

11. Privacy and Data Protection

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

We collect, use, and protect your information in accordance with:

  • Australian Privacy Principles (APPs) under the Privacy Act 1988

  • Our Privacy Policy (available on our website)

  • Applicable data protection regulations

Please review our Privacy Policy to understand how we handle your information.

12. Confidentiality

Public Information

Information available on our public website is not confidential.

Confidential Discussions

If you engage in consultations or share sensitive business information with us:

  • We will treat such information as confidential

  • We will not disclose it to third parties without your consent

  • Formal projects will be governed by separate confidentiality agreements

Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no fault of ours

  • Was independently developed by us without reference to your information

  • Is required to be disclosed by law or court order

13. Termination

Your Rights

You may stop using our Services at any time. If you have an account, you may request deletion as outlined in our Privacy Policy.

Our Rights

We reserve the right to:

  • Suspend or terminate your access to our Services at any time, with or without notice

  • Terminate access for violations of these Terms

  • Discontinue or modify any aspect of our Services

  • Refuse service to anyone for any reason

Effect of Termination

Upon termination:

  • Your right to use our Services immediately ceases

  • Provisions regarding intellectual property, disclaimers, liability, and indemnification survive

  • Any outstanding obligations remain enforceable

14. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to conflict of law principles.

Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in Victoria, Australia, for resolution of any disputes arising from these Terms or your use of our Services.

Dispute Resolution Process

Before initiating legal proceedings, we encourage you to:

  1. Contact us directly to discuss the issue

  2. Attempt to resolve the matter through good-faith negotiation

  3. Consider mediation if direct negotiation is unsuccessful

Class Action Waiver

To the extent permitted by law, you agree that any dispute will be resolved on an individual basis and not as part of a class action, consolidated action, or representative proceeding.

15. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify your rights under the Australian Consumer Law (ACL) or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.

If the ACL or other applicable law implies a warranty, condition, or guarantee into these Terms that cannot be excluded, our liability for breach of that warranty, condition, or guarantee is limited (to the extent permitted by law) to:

  • In the case of services: supplying the services again or paying the cost of having the services supplied again

  • In the case of goods: replacing or repairing the goods, or paying the cost of replacement or repair

16. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Solutionary.AI regarding use of our Services and supersede all prior agreements.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver will be effective unless made in writing.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemic, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

Notices

Notices to you may be provided via email or by posting to our website. Notices to us should be sent to [your email address].

Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17. Contact Information

If you have questions about these Terms, please contact us:

Solutionary.AI Email: support@solutionary-ai.com.au

Acknowledgment

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

Last Review: We recommend reviewing these Terms periodically, as your continued use of our Services constitutes acceptance of any modifications.