Website Terms of Use

These Terms apply to all visitors and users of the Site. We may update, change or replace any part of these Terms at any time by posting an updated version on this page, with a revised "Last updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of those changes. We recommend you review this page periodically.

The headings in these Terms are for convenience only and do not affect their interpretation.

You must be at least 18 years of age to use the Site. If you use the Site on behalf of a business or other organisation, you represent that you have authority to bind that organisation to these Terms, and "you" includes that organisation.

The Site describes the services Aquafruit offers, including our "Growth Engine" and related strategy, AI-powered websites, user experience design, search visibility optimisation, digital growth systems, performance marketing, automation and AI enablement services (together, "Services").

All material on the Site — including service descriptions, case studies, statistics, results, sample outcomes, indicative pricing, articles and other content — is provided for general information and marketing purposes only. It:

• is general in nature and does not take account of your particular objectives, circumstances or needs;
• does not constitute professional, legal, financial or business advice, and should not be relied upon as the sole basis for any decision; and
• does not constitute an offer capable of acceptance, nor any representation, warranty or guarantee as to any particular outcome, result, deliverable, timeframe or level of performance.

No contract for Services is formed by your use of the Site, by submitting an enquiry, or by any communication that precedes a signed agreement. We are engaged to provide Services only when you and Aquafruit enter into a separate written Services Agreement (which may be executed electronically or accepted through our client portal). The Services Agreement sets out the scope, deliverables, milestones, timelines, fees, acceptance criteria, remedies and other terms that apply to your engagement.

If there is any inconsistency between these Terms and your Services Agreement, your Services Agreement prevails to the extent of the inconsistency in respect of that engagement.

Any statements on the Site or in our marketing about growth, performance, return on investment or other results are illustrative only. Actual results depend on many factors outside our control and are not promised or guaranteed unless expressly agreed in writing in your Services Agreement.

Case studies, testimonials, reviews, portfolio examples and client success stories presented on the Site reflect the experiences of particular clients and projects. They are provided for illustrative purposes only and do not guarantee that similar outcomes, performance levels or results will be achieved by any other client.

Results depend on a range of factors, including market conditions, competition, budget, implementation, client participation and circumstances outside Aquafruit's control.

Information made available through the Site — including articles, insights, reports, strategies and AI-generated materials — is provided for general informational purposes only. You acknowledge that you have not relied upon any statement, representation or promise made by Aquafruit except as expressly set out in a written Services Agreement or, where applicable, the Growth Engine Subscription Terms.

Illustrative imagery. Some images of people on the Site, including page banners and audience imagery, are AI-generated illustrations. They do not depict Aquafruit clients, team members or real customers, and are not endorsements or testimonials. Images of the Aquafruit team, client logos and named client feedback are identified as such where they appear.

You agree not to use the Site:

• for any unlawful or unauthorised purpose, or to solicit or facilitate any unlawful act;
• to breach any applicable law, regulation or rule (including in any jurisdiction from which you access the Site);
• to infringe our intellectual property rights or those of any other person;
• to harass, abuse, defame, threaten, intimidate or discriminate against any person;
• to submit false or misleading information;
• to upload or transmit any virus, worm or other malicious or destructive code;
• to collect, track, harvest or scrape the personal information or data of others, or to spam, phish or otherwise misuse the Site; or
• to interfere with, disrupt or circumvent the security or proper functioning of the Site or any connected systems or networks.

We may suspend or terminate your access to the Site if you breach this section, without liability to you.

Unless otherwise stated, all content on the Site — including text, graphics, logos, designs, layouts, images, video, software and the selection and arrangement of that content — is owned by or licensed to Aquafruit and is protected by intellectual property laws.

You may view and use the Site for your own personal or internal business reference. You must not reproduce, duplicate, copy, sell, resell, republish, distribute or commercially exploit any part of the Site, or its content, without our prior written permission. The Aquafruit name, logo and brand assets are our trademarks and may not be used without our consent.

You must not reverse engineer, decompile, scrape, or use any automated means to extract or replicate Site content, or use Site content to train, fine-tune or benchmark any artificial intelligence or machine-learning model, without our prior written consent. Unauthorised reproduction or use of Site content protected by copyright may constitute an infringement under the Copyright Act 1968 (Cth) and equivalent laws in other jurisdictions, and is subject to the indemnity in section 18 and the remedies described below.

Where we reasonably believe our intellectual property has been copied, scraped, or used without authorisation, we may pursue all available legal and equitable remedies, including injunctive relief and damages, in addition to any other rights available to us under these Terms or at law.

We aim to keep the Site accurate and current but do not warrant that it is. Content may at times contain errors, inaccuracies or omissions, and may include historical information that is no longer current. We may change the content of the Site at any time but are under no obligation to update it. Any reliance you place on the material on the Site is at your own risk.

We may modify, suspend or discontinue the Site (or any part or feature of it) at any time. To the maximum extent permitted by law, we are not liable to you or any third party for any modification, suspension or discontinuance of the Site itself. (This section concerns the Site only; changes to Services you have engaged us for are governed by your Services Agreement, and changes to the Aquafruit Growth Engine are governed by the Growth Engine Subscription Terms.)

We do not guarantee that the Site will be uninterrupted, timely, secure or error-free, or that it will be free of viruses or other harmful components.

While we take reasonable steps to protect the Site, no website, server, transmission or electronic storage system can be guaranteed to be completely secure.

You acknowledge that use of the internet involves inherent risks, including risks relating to cybersecurity, malware, interception of communications and unauthorised access to information.

To the maximum extent permitted by law, Aquafruit is not liable for any loss, damage or disruption arising from security incidents, cyber attacks, system failures or unauthorised access affecting the Site.

The Site may provide access to, or links to, tools, materials, websites, products or services provided by third parties. We do not control, monitor or endorse these and provide access to them on an "as is" and "as available" basis. Your use of any third-party tool, site or service is at your own risk and may be subject to that third party's own terms and conditions, which you should review. To the maximum extent permitted by law, we have no liability arising from or relating to any third-party tools, links, suppliers, products, content or websites.

If you send us ideas, suggestions, proposals, feedback or other materials, whether solicited or not ("Submissions"), you agree that we may use, edit, copy, publish and distribute them without restriction, without any obligation of confidentiality, compensation or response. You are responsible for your Submissions, including ensuring they are accurate and do not infringe the rights of, or contain unlawful or harmful material in respect of, any third party. We assume no liability for any Submissions.

By submitting enquiries or otherwise communicating with us through the Site, you consent to receiving communications electronically, including by email, client portal notifications and other digital channels.

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Please read our Privacy Policy to understand how we collect, use, store and disclose personal information. The Site may use cookies, analytics technologies and similar tracking technologies as described in our Privacy Policy. By using the Site you consent to that handling of your personal information.

This Site features Talora, an AI-powered assistant used to provide general information about Aquafruit's services, answer questions, and assist prospective clients in determining whether Aquafruit may be a fit for their needs. Talora is an artificial intelligence system, not a human representative of Aquafruit, and will confirm this if asked directly.

Interactions with Talora on this Site are provided for general informational purposes only. Nothing said by Talora on this Site constitutes an offer capable of acceptance, a quote, a guarantee of results, or any other binding commitment on Aquafruit's part. Any actual engagement with Aquafruit is governed exclusively by a separate, signed Services Agreement, or, for the Aquafruit Growth Engine, the Growth Engine Subscription Terms — both of which prevail over anything discussed with Talora or elsewhere on this Site.

While Aquafruit takes reasonable care in how Talora is configured and maintained, AI-generated responses may occasionally be inaccurate or incomplete, and should not be relied upon as a substitute for advice from a qualified Aquafruit representative. Nothing in this clause excludes, restricts or modifies any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded — see clause 16.

Retention. Transcripts of conversations with Talora on this Site are retained for 12 months from the date of the conversation and then automatically deleted, except where a specific conversation is retained longer for an active dispute or security investigation. You may request earlier deletion of your own conversation data in accordance with our Privacy Policy.

Talora's use inside the Aquafruit Growth Engine product itself — including AI Outputs generated within a subscription — is governed by the Growth Engine Subscription Terms, not this clause.

The name "Talora", her persona, character, personality, visual identity, wardrobe, backstory, role title, and the scripts, captions and written material created for her by or on behalf of Aquafruit are owned by or licensed to Aquafruit Media Pty Ltd and protected under the Copyright Act 1968 (Cth) and applicable trademark and passing-off laws. Images, video and audio of Talora produced by or for Aquafruit ("Talora Content") are Aquafruit-Original Visual Content for the purposes of clause 25 and are subject to the same restrictions on reproduction, scraping, redistribution and AI training set out in that clause. Talora Content is produced using licensed third-party AI avatar and voice technology; that licence does not extend to you.

• You must not reproduce, extract, republish, redistribute, or create derivative works from Talora Content, or use Talora Content (including her appearance or voice) to train, fine-tune or benchmark any artificial intelligence or machine-learning model, without Aquafruit's prior written consent.
• You must not use Talora's name, likeness, voice or persona to impersonate Aquafruit, to create deepfakes or unauthorised synthetic media, or in any way that suggests endorsement, affiliation or sponsorship that does not exist.

This clause is additional to, and does not limit, clause 7 (Intellectual property) or clause 25 (Image and media rights, embedded metadata and rights management information). Nothing in this clause limits any Non-Excludable Right under clause 16.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, condition, warranty or remedy that you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) ("ACL") or under any other law, where doing so would be unlawful ("Non-Excludable Rights").

To the extent that Aquafruit is liable for a failure to comply with a Non-Excludable Right and the relevant law permits us to limit our liability, our liability for that failure is limited, at our option:

• in the case of services, to re-supplying the relevant services or paying the cost of having them re-supplied; and
• in the case of goods, to replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so.

All other express or implied guarantees, conditions, warranties and terms are excluded to the maximum extent permitted by law.

This section applies subject to section 16 (Australian Consumer Law) and does not limit any Non-Excludable Rights.

• The Site and all content are provided on an "as is" and "as available" basis, without warranties, representations or conditions of any kind, whether express or implied, including implied warranties of acceptable quality, fitness for a particular purpose, title and non-infringement.
• To the maximum extent permitted by law, Aquafruit and its directors, officers, employees, contractors, agents, suppliers and licensors are not liable for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of profits, revenue, savings, data, goodwill or business opportunity, arising out of or in connection with your access to or use of (or inability to use) the Site, however arising, whether in contract, tort (including negligence), under statute or otherwise, even if we have been advised of the possibility of such loss or damage.
• To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Site or these Terms is limited to the greater of: (i) AUD $100; or (ii) the amount paid (if any) by you to access the Site during the 12 months preceding the relevant claim.
• Liability arising out of or in connection with any Services is governed by, and limited in accordance with, your Services Agreement. Liability arising out of or in connection with the Aquafruit Growth Engine is governed by, and limited in accordance with, the Growth Engine Subscription Terms.

To the maximum extent permitted by law, and subject to section 16, you agree to indemnify and hold harmless Aquafruit and its directors, officers, employees, contractors, agents and affiliates from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of or in connection with: (a) your breach of these Terms; (b) your violation of any law or the rights of any third party; or (c) your use of the Site. This indemnity does not apply to the extent the relevant claim arises from our own negligence or wilful misconduct.

These Terms apply while you access or use the Site. We may suspend or terminate your access to the Site at any time if we reasonably consider that you have breached these Terms. Any provisions that by their nature should survive termination — including those relating to intellectual property, disclaimers, limitation of liability, indemnity and governing law — survive.

These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

Entire agreement (Site): These Terms constitute the entire agreement between you and us in relation to your use of the Site and supersede any prior understandings on that subject. They do not affect, and are separate from, any Services Agreement or the Growth Engine Subscription Terms.

Severability: If any provision of these Terms is found to be unlawful, void or unenforceable, that provision is severed to the minimum extent necessary, and the remaining provisions continue in full force.

Waiver: Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our consent. We may assign our rights and obligations, including in connection with a merger, acquisition or sale of assets.

We may update these Terms from time to time as described in section 1. Where changes are material, we will take reasonable steps to bring them to your attention. Your continued use of the Site after the updated Terms are posted constitutes acceptance of the changes.

Aquafruit does not guarantee, promise, represent or warrant that your use of the Site, our Services, our Growth Engine, our strategies, our recommendations, our AI Outputs or any other material provided by us will result in:

• any increase in revenue, sales, leads, conversions, traffic, customers, profit, margin, market share, brand value or enterprise value;
• any decrease, saving or efficiency in advertising spend, marketing spend, media spend, agency fees, technology costs, headcount or any other cost or expense;
• any specific return on investment, return on ad spend, payback period, growth rate, ranking, placement, impression share, reach, engagement, click-through rate, cost per acquisition or other performance metric; or
• any other specific commercial, financial, operational or strategic outcome.

Commercial outcomes depend on a wide range of factors outside Aquafruit's control, including market conditions, competition, pricing, product, sales execution, customer behaviour, platform changes, regulatory changes, macroeconomic conditions, your internal resourcing, your implementation of our recommendations and the participation of your team and third parties.

Any figures, examples, benchmarks, projections, forecasts, modelled outcomes, illustrative results, statistics or case-study results shown on the Site or in any communication from us are illustrative and forward-looking in nature only. They are not a promise, forecast, projection, prediction, recommendation or guarantee of future performance, and must not be relied upon as such. Past performance is not indicative of future results.

To the maximum extent permitted by law, and subject to section 16 (Australian Consumer Law), Aquafruit excludes all liability for any failure to achieve any revenue, saving, performance level, metric or commercial outcome of any kind. You acknowledge and agree that you accept all commercial risk associated with your use of the Site, our Services and any AI Outputs, recommendations or materials provided by us.

Nothing in this section limits any Non-Excludable Right under section 16.

All images, photographs, illustrations, renders, video, animation, motion graphics, icons, mock-ups, screenshots, lifestyle imagery, portraiture and other visual content displayed on the Site (together, "Visual Content") is provided strictly for general information, illustrative, decorative and marketing purposes only.

You acknowledge and agree that Visual Content:

• is illustrative only and does not depict, represent, portray, promise, predict, guarantee or imply any actual or future outcome, result, lifestyle, level of success, wealth, income, revenue, growth, status, performance, deliverable or experience that you, your business, your customers or any other person may achieve;
• may include stock imagery, licensed imagery, third-party imagery, models, paid actors, talent, dramatisations, composites, retouching, staging or other creative production techniques, and may not depict real Aquafruit clients, real Aquafruit employees, real Aquafruit deliverables or real events;
• may include content that has been generated, modified, enhanced, upscaled, composited or otherwise produced wholly or partly using artificial intelligence, generative tools or automated systems, and may not depict any real person, place, product, brand, event or outcome;
• is not financial, investment, business, lifestyle, professional or commercial advice, and must not be relied upon as the basis for any decision or expectation; and
• does not constitute a representation, warranty, guarantee, promise or undertaking by Aquafruit of any kind, including as to suitability, accuracy, authenticity, originality or fitness for any purpose.

Any resemblance between Visual Content and any real person, business, brand, product, location, event or outcome is, unless expressly stated otherwise, coincidental and not intended as endorsement, affiliation or sponsorship.

To the maximum extent permitted by law, and subject to section 16 (Australian Consumer Law), Aquafruit excludes all liability for any reliance on, or interpretation, perception or use of, any Visual Content displayed on the Site.

Visual Content originally created by or exclusively commissioned for Aquafruit ("Aquafruit-Original Visual Content") is the copyright of Aquafruit Media Pty Ltd or its licensors and is protected under the Copyright Act 1968 (Cth) and applicable international copyright treaties. Unless expressly stated in writing by Aquafruit, you are not granted any licence, permission or right to download, copy, reproduce, redistribute, republish, scrape, mirror, frame, hotlink, train any machine-learning or AI model on, fine-tune any model with, sell, sublicense, modify, adapt or create derivative works from Aquafruit-Original Visual Content.

Where Aquafruit-Original Visual Content contains embedded rights management information (RMI) in its EXIF, IPTC or XMP metadata — including copyright notices, owner identification, web statement URLs or usage terms — you must not remove, alter, obscure, falsify or strip that metadata. Doing so may constitute an offence under section 116B of the Copyright Act 1968 (Cth) and equivalent provisions in other jurisdictions. This clause applies to Aquafruit-Original Visual Content only; Third-Party Stock Imagery (see clause 25A) is licensed from third parties and Aquafruit makes no representation that any particular RMI is embedded in it.

Permission requests for any use beyond ordinary browsing of the Site may be directed to [email protected]. Aquafruit reserves the right to pursue all available legal and equitable remedies, including injunctive relief and damages, for unauthorised use of Aquafruit-Original Visual Content.

Some Visual Content on the Site — in particular illustrative photography accompanying articles, insights and editorial content — is sourced from third-party stock photography libraries, including Pexels and other similar providers ("Third-Party Stock Imagery"). Third-Party Stock Imagery is used under the terms of the applicable licence granted by the relevant provider (for example, the Pexels License), which generally permits free use for commercial and non-commercial purposes and does not legally require attribution.

Notwithstanding that attribution is not always legally required, Aquafruit voluntarily provides visible photographer and source credits alongside Third-Party Stock Imagery where practicable, as a matter of professional courtesy and industry good practice. Where a credit is displayed, the linked photographer and source names, and the linked URLs, are owned by those third parties and are provided for attribution only — they do not imply any endorsement, affiliation, sponsorship or partnership between Aquafruit and the photographer or provider.

Third-Party Stock Imagery is not owned by Aquafruit and remains subject to the licence terms of the relevant provider. Nothing on the Site grants you any additional right, sub-licence or permission in respect of Third-Party Stock Imagery beyond what those third-party licence terms permit. If you wish to use any Third-Party Stock Imagery, you must obtain your own licence directly from the applicable provider.

If you are a photographer, rights-holder or licensor and you believe an image displayed on the Site has been used outside the applicable licence terms, please contact [email protected] and we will review the matter promptly.

Aquafruit may from time to time offer a free review, assessment, audit, diagnostic call, workshop, benchmark, sample analysis, or similar introductory engagement (each, a "Free Review"), including any offering described on the Site as a "Growth Audit" or similar.

A Free Review is provided for informational purposes only, is high-level in nature, and:

• does not constitute professional, legal, financial, accounting, tax or investment advice;
• does not create a client relationship or engagement between you and Aquafruit;
• does not create any obligation on either party to enter into any paid engagement;
• is based on limited information you provide and publicly available signals, and may contain errors, omissions or assumptions; and
• is provided without warranty of any kind, subject to section 16 (Australian Consumer Law).

By requesting or accepting a Free Review, you consent to Aquafruit collecting and processing the information you supply for the purpose of preparing and delivering the Free Review and following up in relation to it, in accordance with our Privacy Policy.

Substantial portions of the editorial content on the Site — including articles, insights, section media, illustrative imagery and metadata such as excerpts, tags and headings — are produced with the assistance of generative artificial intelligence tools and then reviewed, edited and approved by Aquafruit before publication. Articles carry a visible "AI-assisted, human-reviewed" indicator to make this clear at the point of consumption.

Conversations with the Talora chat assistant are generated by a large language model. Talora is an AI persona operated by Aquafruit; she is not a human employee, licensed adviser or authorised representative, and her responses are provided for general information only. Talora may occasionally produce inaccurate, incomplete or out-of-date information and must not be relied upon as professional, legal, financial, tax, investment, medical or other regulated advice.

Where required by applicable law — including transparency obligations for AI-generated or AI-assisted content and interactions with AI systems (for example, under Article 50 of Regulation (EU) 2024/1689, the EU AI Act) — Aquafruit will disclose the use of AI in a clear and prominent manner. Nothing in these Terms limits or excludes any transparency, safety or consumer-protection right that cannot lawfully be excluded.

Testimonials, reviews, quotes, ratings and endorsements published on the Site reflect the genuine, personal views of the individuals or organisations attributed. They are provided with the permission of the person or organisation quoted and, where applicable, are drawn from actual client engagements. Aquafruit takes reasonable steps to substantiate the factual claims in any testimonial before publication.

Testimonials are illustrative and not typical of results any other person or business may achieve. Where a testimonial has been edited for length, clarity or privacy, the meaning has been preserved. Where a material connection exists between Aquafruit and a person providing a testimonial (for example, an existing paid engagement, an equity or referral relationship, or the provision of gifted services), that connection will be disclosed at or near the testimonial. Aquafruit does not offer incentives in exchange for positive reviews and does not publish fabricated, undisclosed-paid, or misleading testimonials, consistent with its obligations under the Australian Consumer Law and equivalent consumer-protection regimes.

Where Aquafruit sends you a commercial electronic message (as defined in the Spam Act 2003 (Cth)) — including marketing emails, newsletters, campaign updates or offers — we will do so only where we reasonably believe you have consented (expressly, or inferred from an existing business relationship), we clearly identify Aquafruit as the sender, we include our business contact details, and we provide a functional unsubscribe facility that operates for at least 30 days after the message is sent. Unsubscribe requests are processed within five business days.

Transactional messages — for example, replies to enquiries you initiate, or messages required to service a paid engagement — are excluded from the unsubscribe requirement to the extent permitted by law, but you may still ask us to stop contacting you by writing to [email protected]. For equivalent obligations in the United Kingdom (PECR), the European Union (ePrivacy Directive and applicable Member State law) and the United States (CAN-SPAM Act), the higher standard applies where you are located in a jurisdiction with more protective rules.

When you submit the Get in Touch contact form, Aquafruit collects the information you provide (including your name, email address, company, the topic you have selected and the content of your message) for the purposes of responding to your enquiry, qualifying it, and (where appropriate) discussing a potential engagement. We also collect limited technical information — user-agent string and a one-way hash of your IP address — for anti-abuse and rate-limiting purposes only.

This information is stored in our managed database and, subject to your enquiry type, may be shared with our customer relationship management provider (Zoho) and other subprocessors listed on the Subprocessors page. We retain contact submissions for as long as is reasonably necessary to service your enquiry and to meet our legal, accounting and record-keeping obligations. You may request access to, correction of, or deletion of your personal information by emailing [email protected]. Full detail — including how to make a privacy complaint — is set out in our Privacy Policy, which is provided in accordance with Australian Privacy Principle 5.

All third-party names, product names, logos, brands and trademarks referenced on the Site are the property of their respective owners. Reference to any such name or mark is for identification and editorial purposes only and does not imply endorsement of, affiliation with, or sponsorship by, the trademark owner.

In particular, "StoryBrand®", "SB7", "BrandScript", "Marketing Made Simple" and "Business Made Simple" and related marks are trademarks of Business Made Simple, LLC. Aquafruit is not a StoryBrand Certified Guide and is not affiliated with, endorsed by, or sponsored by Business Made Simple, LLC or Donald Miller. Any editorial reference to hero-guide-plan narrative concepts on the Site or in Aquafruit content reflects general narrative principles applied in Aquafruit's own methodology and does not constitute delivery of the StoryBrand® framework, the SB7 Framework, a BrandScript, or any other proprietary Business Made Simple product or service. Where Aquafruit references the StoryBrand® framework in editorial or blog content, that reference is nominative fair use for the purpose of attribution only. For more information on the StoryBrand framework, visit storybrand.com.

Nothing on the Site should be construed as granting any licence or right to use any trademark displayed on the Site without the prior written permission of its owner.

Questions about these Terms can be sent to:

Aquafruit Media Pty Ltd
ABN: 72 126 463 434
Registered office: Suite 151, 139 Cardigan Street, Carlton VIC 3053, Australia
Email: [email protected]