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Terms of Service

Effective Date: January 1, 2024

Last Updated: January 1, 2024

1. Agreement to Terms

By accessing or using the website eurekative.com.au ("Website") or any services provided by Eurekative Pty Ltd ("Eurekative", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services.

2.2 Account Responsibilities

If you create an account with us, you are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and complete information
  • Notifying us immediately of any unauthorized use

3. Intellectual Property Rights

3.1 Our Content

All content on this Website, including but not limited to text, graphics, logos, images, software, and code, is the property of Eurekative or its licensors and is protected by Australian and international intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal or internal business purposes only.

3.3 Restrictions

You may not:

  • Copy, modify, or distribute our content without written permission
  • Use our content for commercial purposes without a license
  • Reverse engineer or attempt to extract source code
  • Remove or alter any proprietary notices

4. Artificial Intelligence (AI) Usage Restrictions

Important: AI Training and Usage Prohibition

You are expressly prohibited from using any content, data, or materials from this Website for the purpose of training, developing, or improving artificial intelligence systems, machine learning models, or any automated decision-making systems without our prior written license.

This prohibition includes but is not limited to:

  • Web scraping or data mining for AI training purposes
  • Using our content as training data for language models
  • Incorporating our materials into AI datasets
  • Using automated systems to extract or process our content for AI development
  • Creating derivative works using AI systems trained on our content

Organizations wishing to use our content for AI purposes must obtain a specific written license from Eurekative. Please contact us at licensing@eurekative.com.au for licensing inquiries.

5. User Content

5.1 License Grant

By submitting content to us, you grant Eurekative a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content for the purpose of providing our services.

5.2 User Responsibilities

You represent and warrant that:

  • You own or have the right to use any content you submit
  • Your content does not infringe any third-party rights
  • Your content is accurate and not misleading
  • Your content complies with all applicable laws

6. Prohibited Conduct

You agree not to:

  • Use the Website for any unlawful purpose
  • Violate any applicable laws or regulations
  • Transmit viruses, malware, or harmful code
  • Interfere with or disrupt our services or servers
  • Attempt unauthorized access to any portion of our systems
  • Harass, abuse, or harm other users
  • Engage in any form of automated data collection without permission
  • Impersonate any person or entity
  • Use our services to compete with us or create a similar service

7. Third-Party Links and Services

Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of these third parties. Your use of third-party services is at your own risk.

8. Disclaimers

8.1 No Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8.2 No Professional Advice

Information on our Website is for general informational purposes only and should not be considered professional advice. Always seek appropriate professional advice for your specific circumstances.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EUREKATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100 AUD), WHICHEVER IS GREATER.

10. Indemnification

You agree to indemnify, defend, and hold harmless Eurekative, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of our Website or services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit to us

11. Termination

We reserve the right to suspend or terminate your access to our Website or services at any time, with or without cause or notice. Upon termination, all licenses and rights granted to you will immediately cease.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through good faith negotiations. If negotiations fail, disputes shall be submitted to mediation in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eurekative regarding the use of our Website and services.

16. Contact Information

For questions about these Terms of Service, please contact us at:

Eurekative Pty Ltd
Email: legal@eurekative.com.au
Address: Ballarat, Victoria, Australia
ABN: [To be provided]

17. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable consumer protection laws that cannot be excluded, restricted, or modified by agreement.