Intellectual Property, Copyright and Trademark 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 visiting our website, using our services, or raising a concern described in this notice.

This notice explains who owns the intellectual property in the aicial platform, our brand and the content on our website; the status of our brand as a trademark and how it may be used; how to tell us about content accessible through our services that you believe infringes your copyright; how a counter-notification works; and our approach to repeat infringers. It applies to our website and every aicial service, including our planned self-serve software service and any associated features, once each becomes available.

The intellectual property terms that apply between us and a customer under an order form or statement of work, including the licence a customer receives to use a deliverable we produce and the licence we receive to use a customer’s own content and data, are set out in our Terms of Service and are not repeated here. This notice instead addresses the intellectual property rights that apply more broadly, including to a person who is not a customer, and sets out our copyright notice-and-takedown process.

The aicial platform and the technology behind it, including our software, user interfaces, design and visual identity, our trademarks and other brand assets, and the content we publish on our website, such as text, graphics and reports, are owned by or licensed to Aperim Pty Ltd. The platform, our software and our website content are protected by copyright and other intellectual property laws in Australia and other countries, and by applicable international treaties. Section 3 below describes the separate basis on which we protect the aicial brand, including our trademarks.

Except for a licence expressly granted in our Terms of Service or another written agreement with us, no licence or right in the aicial platform, our software, our brand assets or our website content is granted to you, whether by implication or otherwise. All rights not expressly granted are reserved.

You may view our website and use our services for their intended purpose. Reproducing, modifying, distributing or creating derivative works from the aicial platform, our software or our website content beyond that purpose is not permitted unless applicable law prevents this restriction or we agree otherwise in writing. Our Acceptable Use Policy describes other restrictions that apply when you use our services.

“aicial” is our brand name, and our name, logo and visual identity are brand assets of Aperim Pty Ltd. As at the effective date of this notice, “aicial” is not the subject of a registered trademark. We do not claim registered trademark protection we do not hold, and we do not use the ™ or ® symbol with the aicial name.

We nonetheless rely on the protection available under applicable law, including the law of passing off and the Australian Consumer Law’s prohibition on misleading or deceptive conduct, in the aicial name and our other brand assets, and we may seek registered protection for them in some jurisdictions over time. If our trademark status changes, we will update this notice to reflect it.

We ask that anyone referring to aicial use the wordmark consistently: always “aicial”, in lower case, never with a trademark symbol. Our Trademark and Brand Usage Guidelines explain how our name, logo and other brand assets may and may not be used, including by media, partners and affiliates.

Our website and services refer to third-party platforms, products and brands, including the social platforms aicial connects to, for identification purposes only. Those names, logos and marks are the property of their respective owners. A reference does not imply that the owner endorses, sponsors or is affiliated with aicial, and does not imply that aicial endorses, sponsors or is affiliated with the referenced platform, product or brand, unless we say so expressly.

If you are a trademark owner and believe a reference on our website or within our services is inaccurate or creates a misleading impression of endorsement or affiliation, contact legal@aicial.com.

We respect the intellectual property rights of others and expect the same of anyone who uses our services. If you believe that content accessible through our website or services infringes your copyright, you may send a notice to legal@aicial.com. Our process is modelled on the notice-and-takedown practice under the United States’ Digital Millennium Copyright Act (17 U.S.C. § 512), which is standard practice for a service accessible to people in the United States, and which we apply as good practice regardless of where you are.

To be effective, your notice should include:

• a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
• identification of the copyrighted work you claim has been infringed (or, if your notice covers multiple works at a single online location, a representative list of those works);
• identification of the material you claim is infringing, and information reasonably sufficient to allow us to locate it;
• your contact information, including an address, telephone number and email address;
• a statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent or the law; and
• a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

We review each complete notice and, where it is well-founded, remove or disable access to the identified material. Where practicable, we tell the person who submitted the material that it was removed and how they can submit the counter-notification described in section 6. We may decline to act on a notice that does not include the information above.

A person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and reasonable attorneys’ fees, under laws including 17 U.S.C. § 512(f).

If content you submitted was removed because of a copyright notice and you believe it was removed as a result of a mistake or misidentification, you may send a counter-notification to legal@aicial.com. To be effective, your counter-notification should include:

• your physical or electronic signature;
• identification of the material that was removed and the location where it appeared before it was removed;
• a statement, made under penalty of perjury, that you have a good-faith belief that the material was removed as a result of a mistake or misidentification of the material to be removed; and
• your name, address and telephone number, together with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who submitted the original notice or an agent of that person.

We forward a complete counter-notification to the person who submitted the original notice. Unless that person tells us they have started a court action seeking to restrain you from the activity the material relates to, we may restore the material not less than 10 and not more than 14 business days after we receive your counter-notification.

A person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may likewise be liable for damages under laws including 17 U.S.C. § 512(f).

In appropriate circumstances and at our discretion, we may suspend or terminate the account of a user we determine to be a repeat infringer of the copyright, trademark or other intellectual property rights of others. Our Acceptable Use Policy describes our broader approach to suspending and terminating access for a policy violation.

This notice is governed by the law of New South Wales, Australia. Where a dispute about this notice is also a dispute under our Terms of Service, it is resolved as described in the Terms of Service’s dispute resolution clause; see our dispute resolution explainer for a plain-language summary. The jurisdiction consent described in section 6 is part of the counter-notification mechanism only, and does not otherwise displace New South Wales law or that dispute resolution clause as the general governing regime. This notice does not limit a copyright owner’s right to seek a court order of the kind described in section 6, or any consumer-protection or other right that cannot lawfully be excluded.

We may update this notice to reflect changes to our intellectual property, our brand, our services 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 copyright notice, a counter-notification, or a question about our intellectual property or brand, contact:

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