Terms of Service

1. Agreement to Terms

Welcome to Trend AI. These Terms of Service ("Terms") govern your access to and use of our website at https://trendai.au and our AI consulting, business automation, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Trend AI provides AI consulting and business automation services, including but not limited to:

• AI Strategy Consulting: Assessment, planning, and strategic guidance for AI implementation
• Process Automation: Design and implementation of automated business workflows
• Custom AI Solutions: Development of tailored AI applications and integrations
• Data Analytics: Analysis and insights derived from business data
• Training and Support: Education and ongoing assistance for AI tools and systems

The specific scope of services will be defined in individual service agreements or statements of work entered into between you and Trend AI.

3. User Responsibilities

When using our Services, you agree to:

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Use the Services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the Services or servers connected to the Services
• Not attempt to gain unauthorized access to any part of the Services
• Comply with all applicable laws and regulations

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and code), are owned by Trend AI or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2 Client Materials

You retain ownership of all materials, data, and content you provide to us ("Client Materials"). You grant us a limited license to use Client Materials solely for the purpose of providing the Services.

4.3 Deliverables

Unless otherwise specified in a separate agreement, ownership of custom deliverables created specifically for you will be addressed in the applicable service agreement or statement of work.

5. Confidentiality

We understand the sensitive nature of business information. We agree to:

• Treat all confidential information you provide with the same care we use for our own confidential information
• Use confidential information only for the purpose of providing the Services
• Not disclose confidential information to third parties without your consent, except as required by law
• Return or destroy confidential information upon termination of services, upon request

6. Payment Terms

Payment terms for Services will be specified in individual service agreements or invoices. Unless otherwise agreed:

• Invoices are due within 14 days of receipt
• All fees are in Australian Dollars (AUD) unless otherwise specified
• Late payments may incur interest at the rate of 1.5% per month
• You are responsible for all applicable taxes

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TREND AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SERVICES.

Our total liability for any claims arising from these Terms or the Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

9. Indemnification

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

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any Client Materials you provide

10. Termination

Either party may terminate the service relationship:

• Upon written notice as specified in the applicable service agreement
• Immediately if the other party materially breaches these Terms and fails to cure within 30 days of notice
• Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you remain obligated to pay for all Services rendered up to the termination date. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification shall survive termination.

11. Dispute Resolution

Any disputes arising from these Terms or the Services shall be:

• First, attempted to be resolved through good-faith negotiation between the parties
• If negotiation fails, submitted to mediation in accordance with the rules of the Resolution Institute
• If mediation fails, resolved by binding arbitration or litigation in the courts of New South Wales, Australia

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with any applicable service agreements or statements of work, constitute the entire agreement between you and Trend AI regarding the Services and supersede all prior agreements and understandings.