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Terms of Service

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Welcome to Dopamine Girl!

We provide a cloud-based platform (Platform) where you can create images and videos by leveraging our generative AI technologies. In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Dopamine Girl (the Platform operator). These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use our Services unless you agree to these Terms. Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms. For questions about these Terms, or to get in touch with us, please email: support@dopaminegirl.com These Terms were last updated on 22 April 2025.

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Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

• our privacy policy (on our website) which sets out how we will handle your personal information;
• clause 1.3 (Variations) which sets out how we may amend these Terms;
• clause 4 (Payment and Credits) which sets out important information about our payment models;
• clause 7 (Disclaimers regarding AI generated content) which sets out our disclaimers and things you should be aware of when using our Platform and Services;
• clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

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1. Engagement and Term

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1.1 Term of Agreement

These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

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1.2 Age Requirement

If you are under the age of 18, you have obtained the consent of your parents or guardian or supervision of a responsible adult to use our Platform.

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1.3 Variations

We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us.

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2. Our Services

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2.1 Service Description

We provide the following services to you:

• Access to our Platform for generating AI images and videos
• Access to our troubleshooting support (Support Services) (collectively, our Services)

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2.2 Support Services

If you require Support Services, you may request these by getting in touch with us through our Platform.

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3. Account

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3.1 Account Requirement

You must sign up for an Account in order to access and use our Services and Platform.

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3.2 Account Responsibilities

While you have an Account with us, you agree to:

• Keep your information up-to-date (and ensure it remains true, accurate and complete)
• Keep usernames and passwords secure and confidential, and protect them from misuse or being stolen
• Notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account

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4. Payment and Credits

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4.1 Payment Models

We offer two types of payment models:

• Free tier: Limited access to basic features
• Pay-as-you-go: Purchase credits to use for generating content

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4.2 Credits

• Credits can be purchased through our Platform
• Credits are non-refundable unless required by law
• Different types of generations (images/videos) may consume different amounts of credits

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4.3 Payment Terms

You must not pay, or attempt to pay, for credits by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder.

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4.4 Payment Processing

• Our payment methods will be set out on our Platform
• If you choose to pay using one of our third-party payment processors, you may need to accept their terms and conditions
• All payments are processed securely through our payment providers

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4.5 Refunds and Pricing

• Credits are non-refundable except where required by law
• We reserve the right to modify credit pricing at any time

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4.6 Account Suspension

If any payments are not processed successfully, we may:

• Suspend your access to our Services (including access to our Platform)
• Charge interest on any overdue payments at a rate equal to 2% per annum above the base rate, calculated daily and compounding monthly

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4.7 Taxes

You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

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5. Platform Licence

5.1 While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person and, if you have a Subscription, will also be subject to the conditions of your Subscription (as set out on our Platform or in your Account). 5.2 You must not (and you must ensure that your Authorised Users do not): (a) access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability; (b) interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform; (c) introduce any viruses or other malicious software code into our Platform; (d) use any unauthorised or modified version of our Platform, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to our Platform; (e) attempt to access any data or log into any server or account that you are not expressly authorised to access; (f) use our Platform in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing; (g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or (h) access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted, including but not limited to: i. using the Platform to transmit or publish any harassing, indecent, obscene, fraudulent, unlawful, or harmful material; ii. using the Platform to send unauthorised advertising, spam, or solicitation or to harvest, collect, or gather user data without the user’s express consent; iii. generating content that includes impersonations of any real person or falsely portrays an individual in a misleading or defamatory way; iv. generating content that includes depictions of sexual abuse, sexual violence, explicit pornography, or any form of non-consensual acts; v. generating content that includes depictions of child nudity, child pornography, or any form of child exploitation; vi. generating content that includes depictions of acts that involve non-consent, sexual or otherwise; vii. generating content that includes depictions of animal cruelty or harm to animals, including acts of violence or torture; viii. generating content that includes explicit depictions of gore or extreme violence; ix. generating content that promotes or incites hatred, violence, discrimination, or harm based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic; x. generating content that intentionally endangers or threatens the safety, security, or well-being of any individual or group, or xi. otherwise generating content that, in our sole discretion, is deemed unsuitable, obscene, offensive, or contrary to community standards and user expectations.

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6. Availability, Disruption and Downtime

6.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance. 6.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties. 6.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

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7. Disclaimer regarding Generative AI and Large Language Models

7.1 Our Platform utilises generative AI and large language model technologies, which can produce content that may appear highly realistic or convincing, including text, images, audio, and video outputs (collectively, Generated Content). You acknowledge and agree that Generated Content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating and verifying the accuracy, reliability and legality of any Generated Content before relying on or using it for any purpose. 7.2 Subject to your Consumer Law Rights, the Generated Content is provided “as is” without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement. We disclaim all liability for any errors, omissions, or inaccuracies in the Generated Content, any infringement on third party rights (including Intellectual Property Rights) and any damages or losses that may arise from your use or reliance on such content.

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8. Ownership of Inputs & Outputs

8.1 You may be permitted to submit text, documents, images, videos or other inputs to our Service (Inputs) and receive output generated and returned by the Services based on the Inputs (Outputs). Inputs and Outputs are collectively referred to as Content. 8.2 You are responsible for all Inputs you submit to our Services. By submitting Inputs to our Service, you represent, warrant and agree that you have all rights, licenses and permissions necessary for us to use and process the Inputs and to generate Outputs. You retain ownership of any Inputs. 8.3 If you are on one of our paid Subscriptions (Paid Subscriber), as between the Parties, subject to your compliance with these Terms, ownership of all Intellectual Property Rights in any Content you, or your Authorised Users, create while using the Platform will vest in you upon creation, and to the extent that ownership of such Intellectual Property Rights does not automatically vest in you, we hereby assign all such Intellectual Property Rights to you and agree to do all other things necessary to assure your title in such rights. 8.4 Certain Paid Subscribers can select whether Content is public or private. You acknowledge and agree that Content marked public (Public Content) will be available for use by all users on the Platform. Where you opt for Content to be private (Private Content), only you and your Authorised Users can access that Content. Whether or not a Paid Subscriber and their Authorised Users can select whether Content is public or private is set out in your Subscription plan. 8.5 You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (other than to our related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) and non-transferable right and licence to use any Private Content solely for the purpose of performing of our obligations or exercising our rights under these Terms. We will not use, retain, analyse, or process your Inputs for any other purpose, including training AI models, developing new offerings, or for any commercial purpose, without your express written consent. 8.6 You grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide and transferable right and licence to use, reproduce, modify, copy, process, adapt, publish, transmit, create derivative works of, publicly display and distribute any Public Content for providing, maintaining, promoting and improving the Services, including training AI models, developing new offerings, or for any commercial purpose. 8.7 If you are on one of our free Subscriptions (Free Subscriber), as between the Parties, ownership of all Intellectual Property Rights in any Output you, or your Authorised Users, create while using the Platform will vest in us upon creation, and to the extent that ownership of such Intellectual Property Rights does not automatically vest in us, you hereby assign all such Intellectual Property Rights to us and agree to do all other things necessary to assure our title in such rights. 8.8 If you (if you are an individual) or any of your personnel have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to (and will procure that your personnel) consent to our use or infringement of those Moral Rights.

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9. Ownership of Services, Platform and Data

9.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property, including Our Materials. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform. Nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials. 9.2 Notwithstanding anything else in these Terms, we will own all Intellectual Property Rights in any developments, modifications, enhancements or improvements to the Platform or Our Materials (Platform Developments). To the extent that any Platform Developments do not automatically vest in us by operation of law, you hereby assign all Intellectual Property Rights in such Platform Developments to us and agree to do all other things necessary to assure our title in such rights. 9.3 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence, for the duration of the Subscription Period, to use Our Materials that we provide to you solely for your use and enjoyment of our Services, as contemplated by these Terms. 9.4 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions. 9.5 When you use our Services, we may create anonymised statistical data from your usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make your data or identity identifiable.

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10. Confidential Information and Personal Information

10.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information. 10.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so. 10.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. 10.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent). 10.5 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). 10.6 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

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11. Consumer Law Rights

11.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. 11.2 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)). If our Platform is not ordinarily used for personal, household or domestic use, our liability for a breach of your Consumer Law Rights is limited to either resupplying our Services, or paying the cost of having our Services resupplied.

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12. Liability

12.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with: (a) your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or (b) any use of our Services by a person or entity other than you or your Authorised Users. 12.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law: (a) neither we or you are liable for any Consequential Loss; (b) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss; (c) (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and (d) our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any Subscription Fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, or if you do not have a Subscription, to AU$1,000.

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13. Notice Regarding Apple

13.1 To the extent that you are using or accessing our Platform on an iOS device through a mobile application from the Apple App Store, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for our Platform and any content available on our Platform. 13.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform. 13.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility. 13.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. 13.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights. 13.6 You agree to comply with any applicable third-party terms when using our mobile application. 13.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. 13.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

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14. Suspension and Termination

14.1 We may suspend your access to our Services where: (a) we reasonably believe there has been any unauthorised access to or use of our Services; (b) you have transmitted or inputted to our Platform any Inputs that may be offensive, or any material in violation of any law; or (c) you have otherwise breached clause 5.2. 14.2 If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter within 14 days, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end. 14.3 We may terminate these Terms (meaning you will lose access to our Services) if: (a) you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach; (b) you breach these Terms and that breach cannot be remedied; or (c) you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement). 14.4 You may terminate these Terms if: (a) we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or (b) we breach these Terms and that breach cannot be remedied. 14.5 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 15.8). Any unused credits at the time of termination will be forfeited unless required otherwise by law. 14.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have.

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15. General

15.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party. 15.2 Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting: (a) where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or (b) where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Sydney, New South Wales, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules. 15.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control. 15.4 Governing law: These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts in New South Wales and any courts entitled to hear appeals from those courts. 15.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms. 15.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications. 15.7 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you. 15.8 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account. 15.9 Survival: Clauses 7 to 14 will survive the termination or expiry of these Terms. 15.10 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

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16. Definitions

The following terms have specific meanings in these Terms:

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Account

An account created to access our Services.

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Content

Both Inputs and Outputs.

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Credits

The virtual currency used to generate content on our Platform.

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Generated Content

Any content produced by our AI systems, including but not limited to images and videos.

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Inputs

Any text, prompts, images, or other content you provide to our Platform to generate content.

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Outputs

Any content generated by our Platform based on your Inputs.

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Platform

Our cloud-based generative AI platform accessible at dopaminegirl.com.

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Services

Access to our Platform and Support Services.

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Support Services

Technical support and troubleshooting services we provide to users.

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Liability

Any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

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Moral Rights

Has the meaning given in the Copyright Act 1968 (Cth) and includes any similar rights in any jurisdiction in the world.

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Our Materials

All Intellectual Property which is owned by or licensed to us and any improvements, modifications or enhancements of such Intellectual Property.

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Personal Information

Any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.