Terms & Conditions

TERMS & CONDITIONS

Effective Date: 06/10/2025

Last Updated: 01/03/2026

1. ABOUT US

These Terms & Conditions (“Terms”) govern your access to and use of the website and services provided by:

David O’Donoghue trading as Alpsaxis

ABN: 13801823457

Email: [email protected]

(“Alpsaxis”, “we”, “our”, or “us”).

By accessing or using our website, digital tools, AI systems, automation services, consulting services, or related offerings (collectively, the “Services”), you agree to be bound by these Terms.

If you do not agree, you must not use our Services.

2. BUSINESS USE ONLY

Our Services are provided primarily for business purposes.

By using our Services, you confirm that:

You are acting in the course of business.

You are at least 18 years old.

You have authority to bind the business entity you represent.

3. USE OF SERVICES

You agree:

To use the Services lawfully.

Not to misuse, reverse engineer, or interfere with the Services.

Not to use the Services for unlawful, deceptive, defamatory, or infringing purposes.

Not to attempt to copy, replicate, extract, or reconstruct any proprietary systems or automation logic.

We reserve the right to suspend or terminate access at our sole discretion.

4. PROFESSIONAL SERVICES DISCLAIMER

Our Services may include consulting, automation design, AI configuration, and digital implementation services.

You acknowledge:

We do not provide legal, financial, tax, or regulatory advice.

You remain responsible for compliance with all applicable laws in your jurisdiction.

You are responsible for reviewing all automation outputs and AI-generated content prior to use.

5. AI SERVICES DISCLAIMER

AI systems integrated into our Services:

Operate using third-party large language models and automation platforms.

Generate probabilistic outputs.

May produce inaccurate, incomplete, or misleading responses.

We:

Do not warrant AI accuracy.

Are not liable for reliance placed on AI-generated content.

Are not responsible for third-party outages or processing failures.

You remain solely responsible for verifying outputs before business use.

6. FEES & PAYMENT

All pricing is displayed in the currency stated at point of sale and may change at any time.

Payments are processed through secure third-party providers.

We do not store full payment details.

Unless expressly agreed otherwise in writing:

All fees are non-refundable.

No refunds are issued for partially used services.

Subscription fees are payable in advance.

Failure to pay may result in suspension or termination.

You are responsible for all taxes applicable in your jurisdiction.

7. INTELLECTUAL PROPERTY

All:

Website designs

Automation systems

Templates

Software configurations

AI prompts

Documentation

Training materials

Branding elements created by us

Remain our intellectual property unless expressly transferred in writing.

You are granted a limited, non-exclusive, non-transferable licence to use the Services during the applicable service period.

You must not:

Copy or resell systems

Reverse engineer platforms

Replicate workflows

Extract proprietary methods

Use materials for competing services

8. USER CONTENT

If you submit content, data, feedback, or materials (“User Content”), you:

Warrant you own or have permission to use such content.

Grant us a non-exclusive licence to use it for providing Services.

Remain responsible for legality and accuracy.

We may remove content that breaches these Terms.

9. THIRD-PARTY SERVICES

Our Services may integrate with:

Hosting providers

Payment processors

AI platforms

Automation platforms

CRM systems

Analytics providers

We are not responsible for:

Third-party outages

Pricing changes

Policy changes

Data breaches occurring within third-party systems

Your use of such services is subject to their own terms.

10. LIMITATION OF LIABILITY

To the maximum extent permitted under the Civil Liability Act 2002 (WA) and Australian Consumer Law:

We exclude liability for:

Indirect or consequential loss

Loss of profit

Loss of revenue

Loss of goodwill

Business interruption

Loss of opportunity

Data loss

Our total aggregate liability for any claim shall not exceed the greater of:

(a) The amount paid by you in the preceding 3 months; or

(b) AUD $5,000

Nothing excludes liability that cannot be excluded by law.

11. INDEMNITY

You agree to indemnify and hold harmless Alpsaxis against any claim, liability, damage, or expense arising from:

Your misuse of Services

Your breach of these Terms

Your business activities

Consumer claims arising from your website

Regulatory breaches

Data protection violations

Reliance on AI outputs

This indemnity survives termination.

12. AUSTRALIAN CONSUMER LAW

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

Where liability cannot be excluded, it is limited to:

Re-supply of the Services; or

Payment of the cost of re-supply.

13. TERMINATION

We may suspend or terminate access if:

You breach these Terms.

You fail to pay fees.

Continued provision becomes unlawful.

We reasonably believe misuse has occurred.

Upon termination:

Access to Services ceases.

Licences granted under these Terms end.

We may delete hosted materials after reasonable notice.

14. DATA & PRIVACY

We process data in accordance with our Privacy Policy.

You are responsible for:

GDPR compliance (if applicable)

Privacy notices on your own website

Lawful data collection

Cookie consent compliance

We act only as a service provider and not as controller of your business data unless otherwise agreed.

15. FORCE MAJEURE

We are not liable for delay or failure caused by events beyond reasonable control, including:

Platform outages

Cyber incidents

Government restrictions

Natural disasters

Third-party service interruptions

16. ASSIGNMENT

You may not assign or transfer your rights without our prior written consent.

We may assign these Terms in connection with a business restructure or sale.

17. SEVERABILITY

If any provision is unenforceable, the remainder remains valid.

18. ENTIRE AGREEMENT

These Terms constitute the entire agreement regarding use of our website and Services and supersede prior discussions.

19. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of Western Australia.

You submit to the exclusive jurisdiction of the courts of Western Australia.

You agree not to commence proceedings in any other jurisdiction.

20. CHANGES TO TERMS

We may update these Terms at any time.

Continued use after updates constitutes acceptance.

21. CONTACT

David O’Donoghue

Trading as Alpsaxis

Perth, Western Australia

Email: [email protected]