Terms and Conditions – Aiven Technologies

Last Updated: July 2026

Thanks for visiting Aiven Technologies. These Terms and Conditions (“Terms”) set out the rules of engagement between you and Aiven Technologies Pty Ltd (“we,” “us,” “our”) when you access our website, use our online tools, or engage our services.

By browsing our website or entering into a service agreement with us, you confirm that you have read, understood, and agree to be bound by these Terms. If anything here does not work for you, please discontinue use of the website and get in touch so we can address your concerns directly.

We operate as an AI development company in Perth Australia, delivering custom artificial intelligence solutions, automation platforms, and intelligent software to businesses of all sizes. These Terms cover your general use of our website and provide the baseline framework for any commercial engagement with us. Individual projects may also be governed by a separate Statement of Work or Service Agreement, which will take priority over these Terms where there is any inconsistency.

Your Rights Under Australian Consumer Law

Let us be clear about something upfront: nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), that cannot lawfully be excluded.

If you are a “consumer” within the meaning of the ACL, our services come with guarantees that cannot be excluded. These include guarantees that services will be:

• Provided with due care and skill
• Fit for any specified purpose
• Delivered within a reasonable time

Where you acquire services from us that are not of a kind ordinarily acquired for personal, domestic, or household use, our liability for any breach of a consumer guarantee is limited, to the extent permitted by law, to one of the following (at our discretion):

1. Re-supplying the services, or
2. Paying the cost of having the services re-supplied

We respect these statutory protections fully and will never ask you to waive them.

Acceptable Use of Our Website

When you use our website, you agree to do so responsibly. Specifically, you must not:

• Attempt to gain unauthorised access to any part of the website, our servers, or any connected systems
• Use automated tools (bots, scrapers, crawlers) to extract content or data from the site without our written permission
• Upload or transmit any material that contains viruses, trojans, worms, or any other harmful code
• Use the website for any purpose that is unlawful, fraudulent, or harmful under Australian law
• Reproduce, distribute, or republish any content from the website without proper attribution and our prior consent
• Interfere with or disrupt the website’s performance, security, or availability for other users

We reserve the right to block access to our website if we reasonably believe you are breaching these conditions.

Intellectual Property – Who Owns What

This is an area that matters a great deal in our industry, so let us spell it out clearly.

Our website content:

All text, graphics, logos, images, videos, and software on this website belong to Aiven Technologies or our licensors and are protected under Australian and international intellectual property laws. You may view, download, and print pages from this website for your own personal, non-commercial use, provided you do not modify the content or remove any copyright notices.

Our pre-existing intellectual property:

As an AI development company in Perth Australia, we bring a library of proprietary tools, frameworks, algorithms, and methodologies to every project. Unless a signed service agreement says otherwise, we retain full ownership of:

• All pre-existing intellectual property, including proprietary AI models, codebases, and development frameworks
• General knowledge, skills, techniques, and ideas gained during a project (often called “residual knowledge”)
• Any reusable components, libraries, or modules that are not specific to a single client’s project

Client deliverables:

The intellectual property arrangements for bespoke project deliverables are set out in the relevant Statement of Work or Service Agreement. In the absence of a specific agreement:

1. The client receives a non-exclusive, perpetual licence to use the deliverables for their internal business purposes.
2. Aiven Technologies retains ownership of the underlying source code and architecture unless explicitly assigned in writing.
3. Any client-provided data, content, or materials remain the property of the client at all times.

AI-generated outputs:

Australian copyright law is still catching up with the realities of AI-generated content. Ownership of outputs produced by artificial intelligence systems is not settled law in Australia. We address this on a project-by-project basis through clear contractual terms. If you have questions about how IP applies to a specific engagement, raise them early and we will work through it together.

Service Engagements and Project Terms

When you engage Aiven Technologies for a project, the following general principles apply unless a separate signed agreement states otherwise:

• Proposals and quotes: are valid for 30 days from the date of issue unless stated otherwise in writing.
• Project scope: is defined by the Statement of Work. Anything outside the agreed scope is treated as a change request, which may affect timelines and costs.
• Milestones and payments: follow the schedule outlined in the project agreement. Late payments may attract interest at the rate specified in the agreement, or at the Reserve Bank of Australia’s cash rate plus 2% if no rate is specified.
• Collaboration is essential: We rely on timely feedback, access to systems, and provision of materials from your side. Delays caused by a client’s unavailability may push project timelines accordingly.
• Acceptance testing: Where a project includes a testing or review phase, you will have a defined window to raise issues. Deliverables not rejected within that window are considered accepted.

Data Handling in Project Work

Clients frequently share sensitive business data, datasets, and proprietary information with us during the course of a project. Here is how we handle that:

1. All client data is treated as confidential unless it is already publicly available or you tell us otherwise.
2. We use client data solely for the purpose of delivering the agreed services. We do not use your data to train our own AI models, enrich our datasets, or benefit other clients unless we have your explicit written consent.
3. On project completion or termination, we will return or securely destroy all client data within 30 days, unless retention is required by law or agreed upon separately.
4. Our data handling practices comply with the Privacy Act 1988 and the Australian Privacy Principles. For full details, please refer to our Privacy Policy.

If you are an international client subject to the GDPR or other overseas data protection laws, we are happy to enter into a Data Processing Agreement tailored to your jurisdiction.

Confidentiality

Both parties agree to keep confidential any information that is clearly marked as confidential or that a reasonable person would consider confidential given the nature of the information and the circumstances of its disclosure. This obligation covers:

• Trade secrets, business strategies, and financial information
• Technical specifications, source code, algorithms, and architectural designs
• Client lists, pricing structures, and internal processes
• Any information exchanged during project discovery, development, or review phases

Confidentiality obligations survive the termination of any engagement for a period of three years, unless the information becomes publicly available through no fault of the receiving party.

Limitation of Liability

To the maximum extent permitted by Australian law (and without limiting any rights that cannot be excluded under the ACL):

• Aiven Technologies’ total aggregate liability to you for any claim arising out of or in connection with these Terms, our website, or any services we provide shall not exceed the total fees paid by you to Aiven Technologies in the twelve months immediately preceding the event giving rise to the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, loss of goodwill, or loss of anticipated savings regardless of whether such losses were foreseeable.
• We are not liable for any loss or damage arising from circumstances beyond our reasonable control, including but not limited to natural disasters, government actions, internet or telecommunications failures, cyberattacks, or pandemics.

Each party acknowledges that this allocation of risk is reflected in the pricing of our services and is a fundamental element of the bargain between the parties.

Indemnification

You agree to indemnify and hold harmless Aiven Technologies, its directors, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms
• Your use of our website in a manner that is unlawful or contrary to these Terms
• Any third-party claim that materials, data, or content you provided to us infringes the intellectual property or other rights of a third party
• Any misrepresentation you make to us in connection with a project engagement

This indemnity does not apply to the extent that the relevant loss or damage was caused by our own negligence or wilful misconduct.

Third-Party Services and Links

Our website may include links to third-party websites, tools, or services that are not owned or controlled by Aiven Technologies. We provide these links for convenience and informational purposes only.

We do not endorse, guarantee, or accept responsibility for the content, privacy practices, or availability of any third-party site. When you follow a link away from our website, you do so at your own risk and should review the relevant third party’s terms and privacy policy.

In the course of delivering our services, we may recommend or integrate third-party software, APIs, or platforms. While we select these tools carefully, we are not liable for any defects, downtime, or data handling practices of third-party providers unless we have explicitly warranted otherwise in a signed agreement.

Warranties and Disclaimers

Our website and its content are provided on an “as is” and “as available” basis. While we make reasonable efforts to keep the information accurate, current, and free from errors, we do not guarantee that:

• The website will be uninterrupted, secure, or error-free at all times
• Any defects will be corrected immediately
• The website or the servers that host it are free from viruses or harmful components
• The information on the website is complete, accurate, or up to date in every respect

For paid services delivered under a project agreement, our warranties and service levels are set out in the relevant Statement of Work. Those specific warranties take precedence over any general statements made on this website.

Termination

Website access: We may suspend or terminate your access to our website at any time, without notice, if we believe you have violated these Terms or if continued access poses a security risk.

Project engagements: Either party may terminate a project engagement in accordance with the termination provisions set out in the relevant service agreement. Where no specific provisions exist:

1. Either party may terminate by giving 30 days’ written notice.
2. We may terminate immediately if you fail to pay invoices that are more than 14 days overdue.
3. Either party may terminate immediately if the other party commits a material breach that is not remedied within 14 days of written notice.

On termination, you must pay for all work completed up to the termination date. Our obligations regarding the return or destruction of your data survive termination.

Dispute Resolution

We believe that most disagreements can be sorted out through open, good-faith conversation. If a dispute arises out of or in connection with these Terms, the parties agree to follow this process before taking legal action:

1. Informal resolution: The aggrieved party sends a written notice describing the dispute. Both parties then have 14 days to attempt to resolve the matter through direct discussion.
2. Mediation: If informal discussions do not resolve the dispute, either party may refer the matter to mediation administered by the Resolution Institute (or its successor body) in Perth, Western Australia. The costs of mediation are shared equally.
3. Litigation: If mediation does not resolve the dispute within 30 days of referral, either party may commence proceedings in the courts of Western Australia.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

Governing Law and Jurisdiction

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our business practices, legal requirements, or industry standards. When we make material changes:

• We will update the “Last Updated” date at the top of this page.
• For changes that significantly affect your rights, we will make reasonable efforts to notify you by email or through a prominent notice on our website.
• Your continued use of the website after any changes are posted constitutes your acceptance of the revised Terms.

We encourage you to review this page periodically.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed from the remaining Terms to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any applicable Statement of Work or Service Agreement, constitute the entire agreement between you and Aiven Technologies in relation to the subject matter covered here. They supersede all prior discussions, representations, and agreements, whether written or oral.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond the party’s reasonable control. This includes, but is not limited to:

• Natural disasters, epidemics, or pandemics
• War, terrorism, or civil unrest
• Government orders, sanctions, or regulatory actions
• Internet outages, power failures, or telecommunications disruptions
• Cyberattacks or security incidents beyond the party’s control

The affected party must notify the other party as soon as practicable and take reasonable steps to mitigate the effects of the force majeure event.

Contact Us

If you have any questions or concerns about these Terms, we are here to help:

Address: Unit 14, 69–71 King George St Victoria Park WA 6100, Australia
Email: reach@aiventechnologies.com
Website: www.aiventechnologies.com