Terms and Conditions of Supply

1.1 These Terms and Conditions of Supply constitute a binding agreement between you ("User") and Aiqumen Pty Ltd ("Company").

1.2 By placing an order, you warrant that you are at least 18 years of age and are entering into this agreement on your own behalf or with proper authority to represent the party purchasing the Product.

1.3 You agree to be bound by these Terms by completing the online order process. If you do not agree to these Terms, do not place an order.

2.1 The Service is an automated tool that uses Artificial Intelligence (AI) to generate a unique, custom-written book based on your inputs and preferences.

2.2 Nature of AI Outputs: You acknowledge that:

• (a) Probabilistic Nature: AI is probabilistic and experimental. The resulting Product may contain factual inaccuracies, known as "hallucinations," where the AI generates plausible-sounding but false information;
• (b) Uniqueness: Due to the nature of AI, we cannot guarantee that the narrative content or images generated for you will be completely unique compared to other users' outputs if similar inputs are provided;
• (c) Quality: Stylistic or narrative choices may vary from your personal taste. AI-generated images may contain visual artifacts such as distortions, unusual proportions, or blended elements;
• (d) Training Data: The AI system may inadvertently incorporate patterns from its training data, and you acknowledge potential copyright risks in AI-generated content.

2.3 Subjective Quality & Novelty Item Status: You agree that these inherent AI characteristics do not constitute a "major failure" or defect under the Australian Consumer Law (ACL). The Product is sold as a novelty item and entertainment product, not as a professional publication.

• (a) Fiction: You accept the creative output as-is, understanding that AI generation is probabilistic and may not meet professional publishing standards.
• (b) Non-Fiction: If you order a non-fiction title, you acknowledge the book is for general interest and entertainment purposes only. It should not be relied upon as an authoritative, educational, or professional source.

2.4 Content Disclaimer: AI-generated content may inadvertently reference real people, places, or trademarked elements. You accept the Product with knowledge of these limitations. For significant inaccuracies in factual content, contact us within 14 days of receipt for assessment.

3.1 You retain ownership of all inputs you provide to the Service ("User Content").

3.2 Your Strict Warranties: By using the Service, you represent and warrant that:

• (a) You have obtained express, written consent from any identifiable person, including family members, whose image, likeness, name, or personal details appear in your photos or content before uploading them;
• (b) You have obtained consent from the copyright holder for any copyrighted material, artwork, or third-party content you provide;
• (c) Your User Content does not infringe the intellectual property, privacy, or publicity rights of any third party;
• (d) Your User Content does not contain defamatory, hateful, discriminatory, obscene, or unlawful content;
• (e) Your User Content complies with all applicable laws in your jurisdiction (including Australian privacy and defamation laws).

3.3 Prohibited Uses: You must not misuse the Service. Specifically, you agree not to:

• (a) Use the Service to generate sexually explicit, hateful, or violent content;
• (b) Attempt to "jailbreak" or trick the AI into generating restricted content;
• (c) Use the Service to create political disinformation or content intended to harass or bully any individual;
• (d) Reverse engineer, decompile, or attempt to extract the underlying AI prompts or models used by the Service.

3.4 Verification & Consent Proof: We may, at our sole discretion, suspend or cancel your order to request proof of consent. Failure to provide satisfactory proof within 7 days enables us to cancel your order without refund.

3.5 Breach Consequences: If we discover that you have breached these warranties, we may:

• (a) Cancel your order without refund;
• (b) Suspend or terminate your access to the Service;
• (c) Pursue legal remedies available under applicable law.

4.1 Your Grant to Us: You grant the Company a worldwide, royalty-free, non-exclusive, sublicensable licence to:

• (a) Use your User Content solely to fulfill your order and generate the Product;
• (b) Store and process your User Content using third-party AI providers, including providers located outside Australia;
• (c) Use your User Content to improve, train, and develop the Service and related AI models, unless you opt out in writing.

4.2 Product Ownership:

• (a) Physical Product: You own the physical copy of the book upon delivery.
• (b) Intellectual Property: To the extent that copyright or other intellectual property rights subsist in the AI-generated Product, we hereby assign such rights to you for your personal, non-commercial use. You acknowledge that under current laws in many jurisdictions (including Australia and the USA), pure AI-generated content may not be eligible for copyright protection.

4.3 Your Licence: To the extent we hold any rights, the Company grants you a perpetual, non-exclusive, non-transferable licence to use the printed and digital Product for:

• (a) Personal, non-commercial use only by you and your immediate family members;
• (b) Sharing with family and close friends for personal enjoyment, provided no commercial use occurs.

4.4 Restrictions on Commercial Use: You agree that you will not:

• (a) Resell, distribute, or commercially exploit the Product;
• (b) Use AI-generated characters, images, or narrative elements from the Product for commercial merchandise, branding, or business purposes;
• (c) License, sublicense, or rent the Product to third parties.

4.5 Company IP: All materials provided by the Company (website, interface, design elements, Service technology) remain the exclusive intellectual property of the Company.

4.6 Feedback: If you provide us with any ideas, suggestions, or feedback regarding the Service ("Feedback"), you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use and incorporate such Feedback into our products and services without any compensation to you.

5.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. Under the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage caused by our failure to exercise due care.

5.2 What Constitutes a Major Failure: A major failure includes:

• (a) Physical manufacturing defects (e.g., pages falling out, binding failure);
• (b) The product being substantially and significantly different from the description you relied upon;
• (c) The product being unfit for a purpose you made known to us before purchase.

5.3 What Does NOT Constitute a Major Failure: To the extent permitted by law, we do not provide refunds or replacements for:

• (a) Spelling, grammar, or factual errors in the narrative you personally provided as User Content;
• (b) Dissatisfaction with the creative style, artistic choices, or narrative direction generated by AI (see Clause 2);
• (c) Minor typographical errors that do not render the product unusable.

5.4 Remedy Process: To claim a major failure, contact us within 14 days of receipt with photographic evidence.

6.1 Indemnity: You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, and suppliers from any claim, loss, liability, damage, or expense (including legal costs) arising from:

• (a) Your breach of these Terms;
• (b) Your violation of any applicable law;
• (c) Any third-party claim that your User Content infringes their intellectual property, privacy, or publicity rights.

6.2 Limitation on Your Indemnity: Your liability under this indemnity is reduced proportionally to the extent that any loss was caused by our own negligence or wilful misconduct.

6.3 Our Liability Cap: To the maximum extent permitted by law, our total liability to you is limited to the total amount you paid for your order. This cap does not apply to liability for death, personal injury, or statutory consumer rights that cannot be limited by contract.

6.4 Exclusion of Consequential Loss: To the extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive losses.

7.1 Third-Party AI Providers: You acknowledge that we use third-party AI providers (including providers in the USA) to process your User Content. Your data will be transmitted internationally.

7.2 Data Handling: We will not sell your personal information to third parties. We will comply with the Australian Privacy Principles.

7.3 Opt-Out of AI Training: If you do not wish your User Content to be used to train or improve our AI models, you must notify us in writing at the time of order.

8.1 Currency & Taxes: Prices are displayed in Australian Dollars (AUD) inclusive of GST unless otherwise stated.

• (a) International Orders: For orders shipped outside Australia, the price displayed may not include local taxes, VAT, or customs duties. You are solely responsible for paying any such additional charges levied by your country's customs or tax authorities.

8.2 Payment Processing: Payment is due before the Product enters the printing stage.

9.1 Timelines: Shipping times displayed at checkout are estimates only. International delivery times vary significantly by destination.

9.2 Customs & Duties: For international orders, you are responsible for any customs duties, import taxes, or fees levied by the destination country. We have no control over these charges.

9.3 Carrier Tracking: Products are shipped via Australia Post or contracted courier services.

9.4 Risk Transfer: Risk of loss or damage to the Product transfers to you upon delivery to the address provided in your order.

• (a) If the Product is lost in transit by our carrier prior to delivery, we will replace it at no cost to you, subject to our investigation with the carrier.
• (b) We are not liable for loss or damage that occurs after the Product has been delivered to your specified address (including "safe drop" locations).

9.5 Delivery Address: You must provide a valid delivery address. We are not responsible for delivery failures due to incomplete or incorrect addresses provided by you.

10.1 Cancellation Window: Our production process commences as soon as your order is confirmed (we immediately begin generating your plot, outline, and cover options). You may cancel your order or request a change to the shipping address at any time up until you select your cover. Once you have selected a cover, full book generation and printing begin straight away and cancellation is no longer possible. To request a cancellation prior to cover selection, email support@yourownnovel.com with your order number.

10.2 30-Day Satisfaction Guarantee: We stand behind every Product with a 30-day satisfaction guarantee. If your Product arrives damaged, defective, or you receive an item that differs from what was ordered, you must contact us within 30 days of receipt and we will resolve the issue — typically by reprinting and reshipping the Product at no additional cost to you. To be eligible, the Product must be in the same unused condition you received it.

10.3 No "Change of Mind" Refunds (Custom Goods Exception):

• (a) Custom Nature: You acknowledge that the Product is made to your specific order and specifications ("bespoke goods").
• (b) No Refund Policy: Consequently, we do not offer refunds if you simply change your mind, decide you no longer want the Product, or if the narrative direction differs from your personal preference.
• (c) Shipping Address Errors: We do not issue refunds for orders that fail to arrive due to an incorrect or incomplete shipping address you entered at checkout. Please review your shipping details carefully before paying.
• (d) Accidental or Duplicate Orders: We are not obligated to refund accidental or duplicate purchases, including delays caused by courier issues outside our control.
• (e) International Customers (EU/UK): If you are purchasing from the European Union or United Kingdom, you acknowledge that the standard "Right of Withdrawal" (cooling-off period) does not apply to this service pursuant to statutory exceptions for goods made to the consumer's specifications or clearly personalised.

10.4 Defective Products: If the Product is defective due to a manufacturing error, we will replace or refund the Product in full at no cost to you, including return shipping. Please email us a photograph of the defect together with your order number so we can resolve the issue promptly.

10.5 Orders in Transit: While an order is still in transit, we cannot issue a refund unless and until our courier confirms the parcel as lost (typically after the maximum delivery window for your service has elapsed). Once a parcel is confirmed lost, we will reprint and reship the Product at no cost to you.

10.6 Returns Process: Do not post any item back without first contacting us — unsolicited returns will not be accepted. To start a return, email support@yourownnovel.com and we will provide return instructions and the correct return address. Return shipping is the customer's responsibility unless the issue was caused by us (damage in transit, manufacturing defect, or an incorrect item shipped) — in which case we cover it.

10.7 Refund Processing: Where a refund has been approved, we will issue it to your original payment method within 10 business days. Your bank or card issuer may take additional time to post the refund to your account. If more than 15 business days have passed since we issued your refund and you have not received it, please contact support@yourownnovel.com and we will follow it up with the payment processor.

11.1 Complaint Procedure: If you have a dispute, contact us first at support@yourownnovel.com. We agree to attempt to resolve disputes in good faith.

11.2 Mandatory Mediation: Before initiating court proceedings, both parties agree to attempt mediation for 30 days.

11.3 Jurisdiction & Governing Law:

• (a) These Terms are governed by the laws of New South Wales, Australia.
• (b) You submit to the non-exclusive jurisdiction of the courts of New South Wales.
• (c) International Consumers: Nothing in this clause deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country where you have your habitual residence.

12.1 We may suspend or terminate your access if you breach these Terms, misuse the AI service, or if your User Content infringes third-party rights.

13.1 If any provision is found unenforceable, it will be severed, and the remainder will continue in effect.

13.2 We may amend these Terms at any time. Continued use constitutes acceptance.

Email: support@yourownnovel.com