Terms of Service
These Terms of Service ("Terms") govern your access to and use of the services, products, and website provided by BrinkByte Pty Ltd (ABN pending) ("BrinkByte", "we", "us", or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you must not use our services.
1. Acceptance of Terms
By accessing our website, requesting a demonstration, engaging our services, or entering into a service agreement with BrinkByte, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.
2. Description of Service
BrinkByte provides an edge-powered computer vision analytics platform (the "Platform") that processes live video feeds on-premises using AI inference hardware. The Platform generates anonymised, structured event data (such as people counts, zone occupancy, and line crossings) which may be transmitted to our cloud infrastructure for aggregation, storage, and visualisation. We do not store, transmit, or access raw video footage from your premises.
3. Service Availability
We aim to provide continuous access to the Platform; however, we do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance, apply updates, or temporarily suspend access to improve the Platform. We will endeavour to provide reasonable notice of planned disruptions where practicable.
4. User Obligations
You agree to: (a) provide accurate and current information when requested; (b) use the Platform only for lawful purposes and in accordance with all applicable Australian laws and regulations, including the Privacy Act 1988 (Cth) and applicable state surveillance legislation; (c) not reverse engineer, decompile, or attempt to extract source code from the Platform; (d) not interfere with or disrupt the integrity or performance of the Platform or its infrastructure; (e) ensure that any camera systems used with the Platform comply with relevant workplace surveillance and privacy legislation in your jurisdiction.
5. Data and Privacy
Our handling of personal information is governed by our Privacy Policy. The Platform processes video at the edge and does not transmit raw video data to our cloud services. Only anonymised event metadata is transmitted. You are responsible for ensuring that your use of camera systems and the Platform complies with all applicable privacy and surveillance laws, including providing any required notices to individuals who may be captured on camera.
6. Intellectual Property
All intellectual property rights in the Platform, including software, algorithms, models, documentation, and branding, remain the exclusive property of BrinkByte. Nothing in these Terms transfers ownership of any intellectual property to you. You are granted a limited, non-exclusive, non-transferable licence to use the Platform for the duration of your service agreement.
7. Limitation of Liability
To the maximum extent permitted by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), BrinkByte's total liability arising out of or in connection with these Terms or the Platform is limited to the fees paid by you in the twelve (12) months preceding the claim. BrinkByte is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, even if advised of the possibility of such damages.
8. Indemnification
You agree to indemnify and hold harmless BrinkByte, its directors, officers, employees, and agents from and against any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party related to your use of camera systems in conjunction with the Platform.
9. Termination
Either party may terminate a service agreement with thirty (30) days written notice. BrinkByte may suspend or terminate your access immediately if you breach these Terms, fail to pay applicable fees, or if continued provision would violate any applicable law. Upon termination, your licence to use the Platform ceases, and we will delete your cloud-stored data within ninety (90) days unless retention is required by law.
10. Governing Law
These Terms are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
11. Changes to These Terms
We may update these Terms from time to time. When we make material changes, we will update the effective date at the top of this page and, where practicable, notify affected clients. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
12. Contact Us
If you have any questions about these Terms of Service, please contact us at: BrinkByte Pty Ltd Email: Info@brinkbyte.com Locations: Gold Coast & Melbourne, Australia