Dr Nerida AI Terms and Conditions

1.          Overview

1.1.      Welcome to Dr Nerida AI which is available through our website or mobile application (the Platform).

1.2.      These terms and conditions, together with our Privacy Policy (together the Terms) govern your use of the Platform.  

1.3.      The Platform has a chatbot function that answers your horse feeding and nutrition questions (our Service).

1.4.      By using the Platform, you agree that these terms and conditions (as may be amended from time to time) apply as a legally binding agreement between you and Equilize Horse Nutrition Pty. Ltd. ACN 109 081 601 (we, our or us).

1.5.      If you do not agree to these Terms, do not install or use the Platform or our Service.

2.          Eligibility

2.1.      The Platform is free to use. To use the Platform, you must create an account.  

2.2.      The Platform is not intended for anyone under the age of 18. If you are under the age of 18 and wish to use the Platform, you agree and acknowledge that you will:

(a)        procure that your parent or guardian:

(i)          creates an account in their name by providing the details in clause 3.1; and

(ii)         agrees to these terms and conditions; and

(b)        only use the account created by your parent or guardian as per paragraph (a) above to access the Platform.

2.3.      If you are a parent or guardian who is agreeing to these terms and conditions to allow a minor to use the Platform as contemplated by paragraph 2.2, you agree to ensure that such minor complies with these terms and conditions in relation to their use of the Platform.

3.          Your access and use of the Platform

3.1.      When you register to use the Platform, you will be asked to enter the following details:

(a)        your full name;

(b)        your email address; and

(c)         your password.

3.2.      You agree and acknowledge that:

(a)        the Platform and its related features must only be used lawfully;

(b)        you are solely responsible for keeping your login and password details (Credentials) confidential;

(c)         you will not share your Credentials with any other person;

(d)        you will not sell, transfer or assign any rights you have in relation to the Platform;

(e)        you will not modify or reverse engineer the Platform in any way;

(f)          you will notify us if you are aware of any misuse of the Platform by any other person;

(g)        we cannot guarantee uninterrupted, virus, error or risk-free access to the Platform;

(h)        you will be solely responsible for the internet connectivity required for the Platform; and

(i)          you are solely responsible for any content that you post on the Platform using the chatbot functionality (User Input) and the consequences of doing so.

3.3.      Unless otherwise expressly permitted in these Terms, you may not and you may not permit a third party to:

(a)        use or provide our Service or the Platform on a white-label or re-branded basis, or otherwise, for the benefit of any third party (other than to the extent third parties are expressly permitted to receive our Service or the Platform under these Terms; or

(b)        use our Service or the Platform or our third-party providers’ property to train any artificial intelligence (AI) or machine learning algorithms or software or create any derivative works, compilations or collective works or in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

3.4.      We reserve the right to suspend, cancel, or otherwise deny access to users and accounts who use the Platform:

(a)        to engage in any act that would disrupt the access, availability and security of the Platform including but not limited to:

(i)          tampering with, reverse-engineering, or hacking the Platform or our servers that host the Platform;

(ii)         modifying, disabling, or compromising the performance of the Platform; or

(iii)        overwhelming, or attempting to overwhelm our infrastructure that hosts the Platform by imposing an unreasonably large load on our systems that consume extraordinary resources;

(b)        in such a way as to compromise the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by us;

(c)         to misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with us or any third party; or

(d)        to access or search any part of the Platform other than our publicly supported interface.

3.5.      We also reserve the right to suspend, cancel, or otherwise deny access to users and accounts who breach these Terms.

3.6.      We do not guarantee the performance of the Platform. We will try to ensure that the Platform remains accessible but, from time to time, the Platform may be inaccessible, unavailable or inoperable for any reason, including:

(a)        equipment malfunction;

(b)        periodic maintenance procedures, upgrades or repairs (whether scheduled or unscheduled) which we may undertake at our discretion; and

(c)         other causes beyond our control, including interruption or failure of telecommunications or digital transmission links, hostile network attacks, the unavailability, operation or inaccessibility of the Platform or interfaces, network congestion or other failures.

4.          Content

4.1.      When you post, upload, submit or send User Input to or through the Platform, you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable licence to use, store, reproduce, modify, create derivative works, communicate, publish and distribute such User Input for the limited purpose of providing, operating, promoting and improving our Service and the Platform, to develop new services and to develop and train generative AI models used in connection with the Service and the Platform. This licence continues even if you stop using our Service or the Platform.

4.2.      You represent and warrant that you have all rights, licenses, and permissions needed to post, upload, submit or send the User Input to or through the Platform and to grant the licence and rights referred to in the previous paragraph.

4.3.      When using or accessing our Service and the Platform, you must not provide us with any User Input, including any personal information (as defined under the Privacy Act 1988 (Cth)) contained in User Input, which violate, misappropriate, or infringe the rights of any third party, applicable law or these Terms.

4.4.      We acknowledge that, as between the parties, all intellectual property rights in your User Input are owned by you or your licensors.

4.5.      You may voluntarily provide any comments, suggestions, ideas or recommendations (collectively, Feedback) to us, and if so, you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable right to use any Feedback you provide to us in in relation to our Service or the Platform in any manner and for any purpose.

5.          Information only

5.1.      You may provide User Inputs to the Platform and receive AI-generated general advice from the Platform based on the User Input (General Advice).

5.2.      While we have made every effort to ensure that the information provided on the Platform is complete and correct, you are advised to check any information before making any decisions about the health and wellbeing of your horse, having regard to the personal and specific circumstances and needs of your horse.

5.3.      To the extent permitted by law, we do not guarantee the availability, timeliness, reliability, accuracy or completeness of the information available through the Platform or that the information will be relevant to your circumstances. If you are unsure, please seek advice from an appropriately qualified equine nutritionist or veterinary professional before making decisions about your horse.  You should not rely on any information disseminated by the Platform to delay obtaining professional health advice or disregard any professional health advice you do receive regarding your horse.

5.4.      You acknowledge and agree that:

(a)        the Platform is powered by an artificial intelligence (AI) chatbot that is intended to complement, but does not replace, nutritional or veterinary professional advice;

(b)        due to the rapidly evolving nature of AI, the Platform may contain inaccurate information;  

(c)         any General Advice is AI-generated and does not represent our views;

(d)        you will use your own discretion as to whether you should be using the Platform and our Service;

(e)        you must evaluate the General Advice for appropriateness for your use case, before using any General Advice;

(f)          the General Advice is for your personal use;

(g)        the information provided on the Platform and the General Advice remains our property or that of our third-party service providers; and

(h)        you should seek veterinary professional advice from a suitably qualified professional if your horse requires clinical advice or treatment.

6.          Security

You are responsible for keeping your access details to the Platform (including your password) secure. We cannot and will not be liable for any loss or damage arising from any failure to maintain the security of your access details.

7.          Third party data

7.1.      Our Platform may incorporate third party products or services (including without limitation software) (Third-Party Services) and some parts of our Service (including without limitation any General Advice) may include output from Third-Party Services (Third-Party Output). We are not responsible for Third-Party Services and Third-Party Output.

7.2.      The General Advice may contain reference or links to another third party’s content (Third Party-Material). These are for your information or convenience only and we do not monitor, control or accept liability for any Third-Party Material. Except as otherwise noted on the Platform, any opinions, advice, statements or services contained in any Third-Party Material is the responsibility of the respective author and does not constitute a representation or warranty by us as to their accuracy or description. Any use or reliance on these Third-Party Materials by you is entirely at your own risk.

8.          Intellectual property

8.1.      You acknowledge and agree that:

(a)        we own or have rights to licence all copyright, trade marks and other intellectual property rights in the Platform, the General Advice, our Service and any materials found on the Platform;

(b)        the Platform and our Service contain proprietary and confidential information which is owned by us or by third parties and which is protected by applicable laws; and

(c)         all intellectual property rights in the General Advice and other output generated by the Platform will remain owned by us and our licensors.

8.2.      Other than as necessarily required for the provision of the Services, internal account management purposes, or compliance with applicable law, neither party may use the other party’s name, trademarks or any derivatives of them, without the other’s prior written consent.

9.          Communication and account information

9.1.      You acknowledge that we will use the email address (or such other electronic communication method acceptable) you provide on opening your account or as updated by you from time to time as the primary method for communication with you (Primary Contact Address).

9.2.      You must monitor the Primary Contact Address you provide to us and your Primary Contact Address must be capable of both sending and receiving messages. Your communications with us can only be authenticated if they come from your Primary Contact Address, unless we agree otherwise.

9.3.      You represent and warrant to us that all information supplied by or on your behalf in connection with your use of the Platform is complete, true and accurate, and you will ensure that such information is updated to remain complete, true and accurate.

10.       Apple and Google terms and conditions

You must separately agree to the Apple App Store terms and conditions and Google Play Store terms and conditions (as applicable) in order to download, register and use the Platform through our mobile application.

11.       Limitation of liability

11.1.   You acknowledge that the AI generated output provided by the Platform relies on machine learning and artificial intelligence and is not capable of understanding or processing information in the same manner as a human being. As a result, there may be instances where the Platform may not fully understand, or may miscommunicate or misinterpret, information.

11.2.   To the extent permitted by law, except for any express warranties or other promises set out in these Terms, all express or implied conditions or warranties of any kind (including but not limited to any warranties related to availability for access and use, fitness for purpose, freedom from contamination by computer viruses and the accuracy, currency, completeness, reliability, timeliness or usefulness of any part of our Service) are excluded. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including any applicable consumer law (or any liability under them) which by law may not be limited or excluded.

11.3.   To the extent permitted by law, except where our conduct constitutes gross negligence, fraud or wilful misconduct, we will not be liable to you in connection with your use of the Platform for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use or data (even if you or we have been advised of the possibility of such damages), resulting from:

(a)        the termination or suspension of any account;

(b)        the use or the inability to use the Platform;

(c)         unauthorised access to or alteration of your transmissions or data;

(d)        statements or conduct of any third-party regarding our Service or the Platform; or

(e)        any other matter relating to the Service or the Platform.

11.4.   You may be entitled to remedies that cannot be excluded under applicable consumer law, if any services supplied by us to you fail to meet a statutory guarantee. In all cases where our liability has not been effectively excluded, whether by these Terms, by law or otherwise, our total liability is limited, at our option, to:

(a)        the resupply of the relevant services to you; or

(b)        the payment of the cost of resupply of the relevant services to you.

12.       General

12.1.   We may modify these Terms at any time by providing notice to you by posting the updated Terms on the Platform, providing notice to you by email, or using other similar means. Modified terms become effective 14 days after such notice. By using our Service or the Platform after the effective date, you agree to be bound by the most recent version of the Terms. You are responsible for reviewing and becoming familiar with any such modifications.

12.2.   If any clause or part of any clause of these Terms is in any way unenforceable, invalid, or illegal, it is to be read down so that it is enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.

12.3.   These Terms represent the entire agreement between you and us in relation to the use of our Service and the Platform and supersede any prior agreement, understanding or arrangement between us in relation to such matters, whether oral or in writing.

12.4.   Unless otherwise provided in this paragraph, neither party may assign or transfer any right or obligation under these Terms to anyone else without the other party’s prior written consent, which must not be unreasonably withheld or delayed. We may assign any rights or remedies granted in these Terms (i) to a related entity (as defined in the Corporations Act 2001 (Cth)); or (ii) in connection with a sale by us or our related entity, or a reorganisation, merger, acquisition, divestiture or similar business transaction. We may subcontract the whole or any part of our Service in our sole discretion.

12.5.   If we waive any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made by us in writing.

12.6.   Headings used in these Terms are included for convenience only and should not have any effect on the interpretation of these Terms.

12.7.   The Terms are governed by the laws in force in New South Wales and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales and any courts competent to hear appeals from those courts.