Terms & Conditions

1. Agreement to Terms

These Terms & Conditions ("Terms") constitute a legally binding agreement between you and Enkisonics Pty Ltd (ABN 48 688 943 106) ("Enkisonics," "we," "our," or "us") governing your access to and use of our website, services, platforms, and applications, including but not limited to the Command Center platform.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this page. Your continued use of our services following any changes constitutes acceptance of those changes.

2. Eligibility

To use our services, you must:

• Be at least 18 years of age, or
• Be at least 13 years of age with verifiable parental or legal guardian consent
• Have the legal capacity to enter into binding contracts under Australian law
• Not be prohibited from accessing our services under applicable laws or regulations

For users under 18 years of age, by using our services, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We may request verification of parental consent at any time.

If you are using our services on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms.

3. User Accounts

3.1 Account Creation

To access certain features of our services, including the Command Center platform, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the security of your account credentials. We recommend:

• Using a strong, unique password
• Not sharing your account credentials with others
• Logging out of your account after each session on shared devices
• Enabling two-factor authentication when available

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Termination

You may terminate your account at any time by contacting us or using the account deletion feature in the Command Center. We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account has been inactive for an extended period
• We are required to do so by law or regulatory authority
• We reasonably believe your account poses a security risk
• You engage in fraudulent, illegal, or harmful activities

Upon termination, your right to access and use our services will immediately cease. We may retain certain information as required by law or for legitimate business purposes.

4. Acceptable Use Policy

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use our services in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit or upload any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services
• Attempt to gain unauthorized access to any portion of our services, other accounts, computer systems, or networks
• Use any automated system, including robots, spiders, or scrapers, without our prior written permission
• Interfere with or disrupt the integrity or performance of our services or the data contained therein
• Introduce viruses, malware, or other malicious code
• Collect or harvest any personally identifiable information from our services
• Use our services for any commercial purposes without our express written consent
• Reverse engineer, decompile, or disassemble any portion of our services
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices

5. Intellectual Property Rights

5.1 Our Intellectual Property

All content, features, and functionality of our website and services, including but not limited to:

• Text, graphics, logos, icons, images, audio clips, and video clips
• Software, source code, and compiled code
• Design, structure, selection, coordination, and arrangement of content
• Trade names, trademarks, and service marks
• Documentation, tutorials, and other materials

are the exclusive property of Enkisonics Pty Ltd and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use our services for your personal or internal business purposes
• Download and print materials from our website for non-commercial use
• Use our services in accordance with any subscription plan you have purchased

This license does not include any right to: (a) resell or make commercial use of our services; (b) modify or make derivative works based on our services; (c) download or copy account information for the benefit of another party; or (d) use data mining, robots, or similar data gathering tools.

5.3 Open Source Components

Certain components of our services may be provided under open source licenses. Where applicable, the terms of those licenses will govern your use of those specific components. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms of any applicable open source license.

Open source components are provided "as is" without warranty of any kind. Details of open source components and their respective licenses may be provided in documentation or upon request.

5.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas regarding our services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, reproduce, modify, create derivative works from, and otherwise exploit the Feedback for any purpose without compensation or attribution to you.

6. User Contributions

6.1 Your Content

Our services may allow you to submit, upload, publish, or otherwise make available content, including text, images, code, projects, and other materials ("User Content"). You retain all ownership rights in your User Content, subject to the licenses granted in these Terms.

By submitting User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to submit the User Content
• Your User Content does not infringe any third party's intellectual property rights
• Your User Content complies with these Terms and all applicable laws
• Your User Content does not contain confidential information of third parties

6.2 License to User Content

By submitting User Content, you grant Enkisonics a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with:

• Operating, providing, and improving our services
• Developing new products and services
• Marketing and promoting our services (with your explicit consent for promotional use)
• Complying with legal obligations

6.3 Project Portfolios

For student projects and collaborations, you may be asked to grant us additional rights to showcase your work in our portfolio, case studies, or marketing materials. We will always seek your explicit consent before using your project work for promotional purposes, and you may revoke this consent at any time.

6.4 Content Monitoring and Removal

We reserve the right, but are not obligated, to:

• Monitor and review User Content for compliance with these Terms
• Remove or modify any User Content that violates these Terms or applicable law
• Take appropriate action against users who violate these Terms
• Cooperate with law enforcement authorities regarding illegal User Content

We do not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any User Content.

7. Subscriptions and Payments

7.1 Subscription Plans

We offer various subscription plans for access to premium features and services. By purchasing a subscription, you agree to pay all fees associated with your chosen plan. Subscription details, including pricing and features, are provided on our website and may be updated from time to time.

7.2 Payment Processing

All payments are processed securely through eWAY, our authorized payment gateway provider. We do not store your complete credit card information on our servers. By providing payment information, you:

• Authorize us to charge the payment method provided for all fees incurred
• Represent that you are authorized to use the payment method provided
• Agree to pay all applicable taxes, including GST where required
• Acknowledge that prices are in Australian Dollars (AUD) unless otherwise stated

7.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually, depending on your plan) unless you cancel before the renewal date. You will be charged the then-current subscription fee upon renewal.

We will provide reasonable notice of any price increases. Your continued use of the subscription after a price increase constitutes acceptance of the new price.

7.4 Cancellation

You may cancel your subscription at any time through your Command Center account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access to subscription features until the end of the paid period.

We reserve the right to cancel or suspend your subscription if:

• Payment fails or cannot be processed
• You violate these Terms
• We discontinue the service

7.5 Refunds

Refunds are handled in accordance with Australian Consumer Law. You may be entitled to a refund if:

• Our services have a major failure or do not match the description provided
• You cancel within 14 days of initial purchase and have not substantially used the service
• We are unable to provide the service for technical or operational reasons

Refund requests must be submitted in writing via our contact form. Refunds, if approved, will be processed within 14 business days to the original payment method. We do not provide pro-rata refunds for partial billing periods.

7.6 Free Trials

We may offer free trial periods for certain subscription plans. Free trial terms will be clearly communicated at the time of sign-up. Unless you cancel before the trial ends, your subscription will automatically convert to a paid subscription and you will be charged accordingly.

8. Student Projects and Collaborations

8.1 Project Participation

We offer opportunities for students and developers to participate in real-world projects. Participation is subject to:

• Application and selection process
• Acceptance of project-specific terms and conditions
• Compliance with project timelines and deliverables
• Professional conduct and communication standards

8.2 Intellectual Property in Projects

Unless otherwise agreed in writing for a specific project:

• Code and deliverables created for client projects are owned by the client or Enkisonics (as specified in the project brief)
• You retain the right to include the work in your portfolio with appropriate credits
• Learning materials, templates, and frameworks provided by us remain our property
• You may be required to sign separate intellectual property assignment agreements

8.3 Compensation and Recognition

Project participation may be:

• Unpaid educational experience for learning and portfolio development
• Paid engagement with agreed compensation terms
• Revenue-sharing arrangement as specified in project agreements

All compensation terms will be clearly communicated and agreed upon before project commencement.

8.4 Confidentiality

During project participation, you may have access to confidential information. You agree to:

• Keep all project-related information confidential
• Not disclose client information without written permission
• Use confidential information solely for project purposes
• Return or destroy confidential materials upon project completion

9. Disclaimer of Warranties

To the maximum extent permitted by Australian law, our services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that our services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of content or results
• Warranties that defects will be corrected or that our services are free from viruses or harmful components

We do not warrant that:

• Our services will meet your specific requirements or expectations
• Any information obtained through our services will be accurate or reliable
• Any errors or defects in our services will be corrected within a specific timeframe
• Our services will be compatible with all hardware and software

Note: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified. If the Australian Consumer Law or other applicable law implies a guarantee or condition into these Terms, our liability for breach of that guarantee or condition is limited, to the extent permitted by law, to one or more of the following at our option: (a) in the case of services, supplying the services again or paying the cost of having the services supplied again.

10. Limitation of Liability

To the maximum extent permitted by law, Enkisonics Pty Ltd, its directors, officers, employees, agents, and affiliates shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• Damages resulting from your access to or inability to access our services
• Damages resulting from unauthorized access to or alteration of your transmissions or data
• Damages resulting from any conduct or content of third parties on our services
• Damages resulting from viruses, malware, or other harmful code

Whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising from or relating to these Terms or your use of our services shall not exceed the greater of:

• The amount you paid to us in the 12 months preceding the claim, or
• One hundred Australian Dollars (AUD $100)

Note: Nothing in these Terms excludes, restricts, or modifies your rights under the Australian Consumer Law or other applicable laws that cannot be lawfully excluded, restricted, or modified. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Enkisonics Pty Ltd, its directors, officers, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of our services
• Your violation of these Terms
• Your violation of any rights of a third party, including intellectual property rights
• Your User Content or any content you submit, post, or transmit through our services
• Your violation of any applicable laws or regulations
• Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This indemnification obligation will survive termination of these Terms and your use of our services.

12. Third-Party Links and Services

Our services may contain links to third-party websites, applications, or services that are not owned or controlled by Enkisonics. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that:

• We are not responsible or liable for any damage or loss caused by your use of third-party services
• We do not endorse or warrant the offerings of any third-party services
• You should review the terms and privacy policies of any third-party services you access
• Your interactions with third-party services are solely between you and that third party

Our use of third-party service providers (such as eWAY for payment processing, OpenAI for AI services) is governed by our agreements with those providers. While we select reputable providers, we cannot guarantee their performance or availability.

13. Termination

13.1 Termination by You

You may terminate your account and cease using our services at any time by:

• Using the account deletion feature in your Command Center settings
• Contacting us via our contact form or email
• Canceling any active subscriptions

13.2 Termination by Us

We may suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, illegal, or harmful activities
• Extended period of inactivity
• Request by law enforcement or other government agencies
• Unexpected technical or security issues
• Discontinuation or material modification of our services

13.3 Effect of Termination

Upon termination:

• Your right to access and use our services will immediately cease
• We may delete your account and all associated data
• You remain liable for all obligations incurred prior to termination
• Sections of these Terms that by their nature should survive termination will remain in effect

We may retain certain information as required by law or for legitimate business purposes, as outlined in our Privacy Policy.

14. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.

You agree that the courts of Queensland, Australia shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter. However, we retain the right to bring proceedings in your country of residence or any other relevant country.

These Terms are subject to the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and other applicable Australian laws and regulations. Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, condition, right, or remedy implied or imposed by any statute which cannot lawfully be excluded or limited.

15. Dispute Resolution

We are committed to resolving disputes in a fair and efficient manner. Before initiating any legal proceedings, you agree to the following dispute resolution process:

15.1 Informal Resolution

If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally. We will make good faith efforts to resolve the matter through direct communication.

15.2 Mediation

If the dispute cannot be resolved informally within 30 days, either party may request mediation through a mutually agreed mediator or mediation service in Queensland, Australia. The costs of mediation will be shared equally unless otherwise agreed.

15.3 Litigation

If mediation is unsuccessful or declined by either party, disputes may be submitted to the courts of Queensland, Australia as specified in Section 14.

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court to prevent immediate and irreparable harm.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Provide notice through our services or via email if you have an account
• Give you at least 30 days notice for changes that materially reduce your rights

Your continued use of our services after any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using our services.

We recommend reviewing these Terms periodically to stay informed of any updates. Material changes will be highlighted or summarized when practicable.

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

• That provision will be modified to the minimum extent necessary to make it valid and enforceable
• If modification is not possible, the provision will be severed from these Terms
• The remaining provisions will continue in full force and effect
• The invalidity of any provision will not affect the validity of the remaining provisions

This severability clause does not apply if modification or severance of a provision would materially alter the fundamental nature of these Terms or the parties' bargain.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or agreements applicable to specific services or features, constitute the entire agreement between you and Enkisonics Pty Ltd regarding your use of our services.

These Terms supersede and replace any prior agreements, proposals, or communications, whether written or oral, between you and us regarding the subject matter herein.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Contact Information

If you have any questions, concerns, or feedback regarding these Terms & Conditions, please contact us:

We aim to respond to all inquiries within 5 business days. For urgent legal matters, please mark your communication as "Urgent - Legal Matter."