Export Control and Sanctions Compliance Notice

Aperim Pty Ltd (ABN 46150699737; ACN 150699737) is incorporated in New South Wales, Australia and operates the aicial brand. In this notice, “aicial” refers to that brand; “we”, “us” and “our” refer to Aperim Pty Ltd; and “you” refers to a person or organisation that accesses or uses our website or an aicial service, including any installable aicial software Component (as defined in our End User Licence Agreement).

This notice applies to our website and every aicial service, including our planned self-serve software service once available, and to any Component we make available.

We comply with applicable trade sanctions and export control laws in the jurisdictions relevant to our business. In Australia, that includes sanctions law administered by the Department of Foreign Affairs and Trade (DFAT) under the Autonomous Sanctions Act 2011 (Cth) and the Charter of the United Nations Act 1945 (Cth).

We also serve customers in the United States and use Cloudflare, a United States company, as our infrastructure provider — Cloudflare operates a global network and may process data in multiple jurisdictions, including the United States. Because of that United States customer base and US-domiciled provider, we also comply with relevant United States sanctions and export administration law, including that administered by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the US Department of Commerce.

Where we serve customers in other markets, including the United Kingdom and the European Union, we comply with the trade sanctions and export control laws applicable there as well.

In practice, this means we do not knowingly provide aicial’s services to a person, entity or country subject to applicable comprehensive trade sanctions, or to a party on a restricted-party or sanctions list maintained under Australian or United States law.

Where we become aware of a prohibited connection of this kind, whether before or after a customer relationship begins, we decline to provide the service, or discontinue it, consistent with section 7 below.

You must not use aicial’s services, or ask us to configure aicial, to violate applicable export control or sanctions law.

You must not access or use aicial’s services if you are located in, or ordinarily resident in, a country or region subject to applicable comprehensive trade sanctions, or if you are a person or entity on a restricted-party or sanctions list of the kind described in section 3, or if you are owned or controlled by, or acting on behalf of, such a person or entity.

aicial’s software and services may be subject to export control classification under Australian and/or United States law.

If you transfer or otherwise make available your access to aicial’s services, or an output produced using them, to a third party, you must comply with any applicable re-export or onward-transfer restriction that applies to that access or output.

The export control section of our End User Licence Agreement refers you to this notice for further detail. This notice is that detail: it applies to a Component in the same way it applies to aicial’s services generally, and neither document limits the other.

We may suspend or restrict, and in a serious case terminate, your access to a service, in whole or in part, where we reasonably believe continued access would create a legal risk — including a reasonably believed breach of this notice — consistent with section 7 (Acceptable use and suspension) and section 12 (Term and termination) of our Terms of Service.

This notice describes our own approach to export control and sanctions compliance. It is general information, not legal advice, and does not address any other person’s own export control or sanctions obligations. If you are unsure how export control or sanctions law applies to you, seek your own independent legal advice.

We may update this notice to reflect changes to our services, our infrastructure or our legal obligations. The version, effective date and last-reviewed date shown at the top identify the current notice. We publish the updated notice on our website and, where a change is material, provide additional notice through the website before the change takes effect.

For a question about this notice or our export control and sanctions compliance, contact:

Aperim Pty Ltd, which operates the aicial brand
ABN 46150699737
ACN 150699737
New South Wales, Australia
Email: compliance@aicial.com