The terms that govern your use of our website and your engagement of our services.
These Terms and Conditions ("Terms") govern your use of the website located at aiverylabspty.site ("Site") and your engagement of any services provided by Aivery Labs Pty Ltd (ABN 89 696 967 209 / ACN 696 967 209) ("Aivery Labs", "we", "us", or "our").
By accessing our Site, requesting a consultation, or engaging our services, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law) and the Privacy Act 1988 (Cth).
You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:
Aivery Labs provides artificial intelligence, machine learning, data analytics, process automation, cloud architecture, cybersecurity, and technology consulting services. The scope, deliverables, timelines, and fees for each engagement are set out in a written Statement of Work ("SOW") or engagement agreement executed by both parties.
All services are delivered in accordance with industry best practices, applicable Australian standards, and the specifications agreed in the relevant SOW. Nothing on this Site constitutes a binding offer to provide services; all engagements are subject to a signed agreement.
Content on this Site relating to AI capabilities, case studies, and performance metrics is provided for informational purposes only and does not guarantee specific outcomes for any particular engagement.
All proposals and quotes issued by Aivery Labs are valid for 30 days from the date of issue unless otherwise stated. Pricing is confirmed in the applicable SOW or engagement agreement.
Aivery Labs will use reasonable endeavours to deliver services within the timeframes specified in the SOW. Timeframes are estimates and may be affected by Client dependencies, data availability, or scope changes. Risk in deliverables passes to the Client upon acceptance. Acceptance criteria and sign-off procedures will be defined in the applicable SOW.
The Client must review deliverables promptly upon receipt and notify Aivery Labs of any defects or non-conformities within the acceptance period specified in the SOW.
All intellectual property rights in the content of the Site — including text, graphics, logos, service names, methodologies, frameworks, and software — are owned by or licensed to Aivery Labs. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.
In respect of client engagements, ownership of deliverables, models, code, and data will be governed by the applicable SOW or engagement agreement. Unless otherwise agreed in writing, Aivery Labs retains ownership of its pre-existing intellectual property, tools, and methodologies, and grants the Client a perpetual, non-exclusive licence to use deliverables for their internal business purposes.
Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.
Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services will be rendered with due care and skill, be fit for purpose, and be delivered within a reasonable time.
To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:
Aivery Labs handles all personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). Where we process personal information on behalf of a Client in the course of delivering services, we will do so in accordance with a Data Processing Addendum where required.
Both parties agree to keep confidential all non-public information received from the other party in connection with an engagement, and to use such information only for the purposes of that engagement. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.
Subject to clause 8 and to the fullest extent permitted by law:
You agree to indemnify, defend, and hold harmless Aivery Labs, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:
Either party may terminate an engagement by providing written notice as specified in the applicable SOW or engagement agreement. Upon termination:
We reserve the right to suspend or terminate access to the Site at any time without notice.
In the event of a dispute, the parties agree to:
Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.
Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
Failure by Aivery Labs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any applicable SOW or engagement agreement and our Privacy Policy, constitute the entire agreement between you and Aivery Labs with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.
These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.
For any questions regarding these Terms, please contact: