AI Business Tools Australia

AI Services

The artificial intelligence and machine learning services provided by AI Business Tools Australia, including but not limited to natural language processing, computer vision, predictive analytics, and automated decision-making systems

AI Models

The machine learning models, algorithms, neural networks, and any associated weights, parameters, or configurations used to provide the AI Services

API

The application programming interface, including all endpoints, documentation, and associated tools provided for accessing and integrating with the AI Services

Training Data

Any data, including text, images, audio, video, or structured data, provided by the Customer for training or fine-tuning AI Models

Output Data

Any results, predictions, generations, or insights produced by the AI Services in response to Customer inputs or queries

Service Credits

Credits issued for service level breaches, calculated as a percentage of monthly service fees

Intellectual Property Rights

Includes all patents, trademarks, copyrights, trade secrets, know-how, database rights, and any other intellectual property rights recognized by law

Authorized Users

Employees, contractors, or agents of the Customer who are authorized to access and use the AI Services

Service Tier

The specific level of AI Services subscribed to by the Customer, including associated features, limitations, and performance guarantees

Confidential Information

Any non-public information disclosed by either party in connection with this agreement

API Access

• •Make API calls within allocated quota
• •Use provided SDKs and client libraries
• •Access documentation and support resources

Integration Rights

• •Embed AI capabilities in your software
• •Create custom integrations
• •Develop automated workflows

Output Usage

• •Use outputs for business purposes
• •Create derivative works
• •Incorporate into your products

Support Access

• •24/7 technical support
• •Implementation assistance
• •Training resources

Technical Restrictions

• •No reverse engineering of AI Models
• •No extraction of model weights
• •No modification of core algorithms

Usage Restrictions

• •No exceeding API call limits
• •No sharing of credentials
• •No unauthorized resale

Competition Restrictions

• •No development of competing services
• •No benchmarking for competitors
• •No training competitive models

Legal Compliance

• •No illegal activities
• •No violation of third-party rights
• •Compliance with data protection laws

Customer Data Rights

• •Retain ownership of all Training Data
• •Control access to Customer Data
• •Request data export or deletion

AI Model Rights

• •Model improvements from training
• •Aggregated insights ownership
• •Algorithm enhancements

Security Measures

• •Encryption at rest and in transit
• •Access controls and authentication
• •Regular security audits

Compliance

• •Australian Privacy Principles
• •GDPR compliance where applicable
• •Industry-specific regulations

Processing Activities

• •Model training and optimization
• •Performance monitoring
• •Quality assurance

Data Retention

• •30-day default retention period
• •Custom retention policies available
• •Secure data disposal procedures

Uptime Guarantee

• •99.9% monthly uptime guarantee
• •Calculated from total available minutes
• •Excludes scheduled maintenance

Response Times

• •Critical incidents: 15 minutes
• •Major incidents: 1 hour
• •Minor incidents: 4 hours

API Performance

• •95th percentile response time under 500ms
• •99th percentile response time under 1000ms
• •Error rate below 0.1%

Model Performance

• •Accuracy maintenance within 1% of baseline
• •Regular model retraining
• •Performance monitoring and alerts

Australian Law

• •Privacy Act 1988 compliance
• •Consumer protection laws
• •Data breach notification

Industry Standards

• •ISO 27001 certification
• •SOC 2 Type II compliance
• •Regular third-party audits

Service Liability

• •Limited to direct damages only
• •Capped at 12 months of fees
• •Excludes consequential losses

Excluded Claims

• •Gross negligence
• •Willful misconduct
• •Intellectual property claims

Customer Obligations

• •Misuse of services
• •Data rights violations
• •Regulatory non-compliance

Provider Obligations

• •IP infringement claims
• •Data breaches
• •Service non-compliance

Initial Term

• •12-month minimum commitment
• •Starts upon service activation
• •Auto-renewal unless cancelled

Renewal Terms

• •12-month renewal periods
• •30-day notice for changes
• •Updated terms may apply

Customer Rights

• •30-day written notice
• •Material breach by provider
• •Service level failures

Provider Rights

• •Non-payment of fees
• •Material breach by customer
• •Regulatory requirements

Data Handling

• •30-day data retrieval period
• •Secure data deletion
• •Data export options

Ongoing Obligations

• •Confidentiality duties
• •Payment obligations
• •IP restrictions

Notification Process

• •Written notice of dispute
• •Detailed description required
• •Supporting documentation

Response Timeline

• •5 business days acknowledgment
• •15 business days investigation
• •Written response provided

Process

• •Independent mediator selection
• •Melbourne-based mediation
• •Shared cost arrangement

Requirements

• •Good faith participation
• •Confidentiality maintained
• •Documentation exchange

Jurisdiction

• •Victorian courts jurisdiction
• •Australian law applies
• •Melbourne as venue

Conditions

• •After mediation attempt
• •Written notice required
• •Each party bears own costs

Provider IP

• •AI models and algorithms
• •Platform and infrastructure
• •Documentation and materials

Customer IP

• •Training data provided
• •Custom configurations
• •Business processes

To Customer

• •Use of AI services
• •Access to platform
• •Integration rights

To Provider

• •Use of training data
• •Model improvements
• •Feedback incorporation

Safeguards

• •Confidentiality measures
• •Access controls
• •Security protocols

Enforcement

• •Rights protection
• •Infringement remedies
• •Legal action if needed