TERMS AND CONDITIONS

Last Updated: Monday 6th July 2026

1 - GENERAL

(a) The Himmel website, located at www.studiohimmel.co (Website), is owned, controlled and operated by Himmel Pty Ltd (ABN 23 646 668 715) (Himmel, We, Our, and/or Us).

(b) The purpose of this Website is to provide you with the opportunity to learn more about our business and products.

(c) These Website Terms of Use (Terms) apply to your use of the Website and any content, materials, functionality, or services made available through it.

2 - ACCEPTANCE OF TERMS

(a) Your access to and use of the Website constitutes acceptance of these Terms and any other legal notices or disclaimers contained on the Website.

(b) If you do not agree with these Terms, you must immediately cease using the Website.

(c) We may vary these Terms from time to time by publishing an updated version on the Website. By continuing to use the Website after any changes are made, you accept the updated Terms.

(d) By using the Website, you acknowledge and agree that certain features or interactions may involve the use of AI Systems, including automated text, chat or content generation tools, subject to these Terms.

3 - RELIANCE ON INFORMATION

(a) The content, information and materials available on the Website are provided for general information purposes only and are not intended to constitute professional advice or recommendations.

(b) Although reasonable efforts are made to ensure that content is accurate, complete and up to date, we make no representations, warranties or guarantees of any kind that the information is reliable, accurate or suitable for your particular purpose and in addition, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.

(c) You should obtain independent professional advice before taking any action based on information obtained from the Website.

4 - PROHIBITED ACTS

You must not:

(a) use the Website in any way that breaches any applicable laws or regulations;

(b) use the Website or its content for unlawful, fraudulent or harmful purposes;

(c) use the Website in any way that infringes any person’s Intellectual Property, privacy or other rights

(d) use any part of the Website’s content, including AI Generated Outputs, to create derivative materials or to train or improve any AI model, software or dataset

(e) attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

(f) use the Website in any manner that interferes with or disrupts the integrity or performance of the Website or the data contained on it; and

(g) use any robot, spider, scraper, data-mining or other automated means (including AI Systems) to access or extract data from the Website.

5 - INTELLECTUAL PROPERTY

(a) Unless otherwise indicated, all intellectual property rights in the Website, its content and all materials made available on it (including text, graphics, logos, icons, sound recordings, video, software, design and layout) are owned by or licensed to us.

(b) You may access and view the Website using your web browser and may print or download a single copy of a page for your personal, non-commercial use. All other uses are strictly prohibited.

(c) Except as permitted under the Copyright Act 1968 (Cth) or with our prior written consent, you must not:

(i) modify, copy, reproduce, republish, distribute, display, perform or transmit any material from the Website;

(ii) use any content, code or data obtained from the Website to train, fine-tune or otherwise develop an AI System;

(iii) input, upload or otherwise disclose Website content to any AI System for the purpose of generating derivative works or data training; and

(iv) commercialise any information, products or services obtained from any part of the Website.

(d) Nothing in these Terms transfers any right, title or interest in the Website or its content to you. All rights not expressly granted are reserved.

6 - PRIVACY & CONFIDENTIALITY

(a) Your privacy is important to us. We handle all Personal Information collected through the Website in accordance with our Privacy Policy.

(b) By using the Website, you consent to our collection and handling of Personal Information as described in our Privacy Policy, including any reasonable processing of information through AI Systems for operational, analytical or security purposes.

(c) As we are not able to guarantee the security of any confidential or sensitive information input into AI Systems or other parts of our Website, please do not input any confidential or sensitive information into AI System or other function of our Website.

7 - THIRD PARTY LINKS

(a) The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by Us of the third party website or the products and services provided via those links.

(b) You agree that we are not responsible for the availability of, and content provided on, third party websites.

(c) We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

8 - AUSTRALIAN CONSUMER LAW

Nothing in these Terms will override your rights as a Consumer under the Australian Consumer Law or otherwise at law.

9 - LIMITATION OF LIABILITY

Subject to clause 8, and to the full extent permitted by law:

(a) Your use of, and reliance on, this Website is entirely at your own risk;

(b) We do not guarantee that the Website will be error-free, uninterrupted or secure;

(c) We exclude all liability for any loss, damage, claim or expense, whether direct, indirect or consequential, arising from:

(i) your use or inability to use the Website or its content;

(ii) reliance on any information contained in or accessed through the Website;

(iii) the conduct or content of third parties linked to the Website;

(iv) any unauthorised access to or alteration of your transmissions or data.

(d) Where any liability cannot lawfully be excluded, our total aggregate liability to you is limited to AUD$100.00.

10 - USE OF ARTIFICIAL INTELLIGENCE (AI) SYSTEMS

(a) The Website may incorporate or interact with AI Systems to facilitate functions such as chat, summarisation, data analysis, translation or automated content generation.

(b) You must not input or upload any Website content, data or materials into AI Systems to train, develop, or enhance AI models unless expressly authorised by us in writing.

(c) You agree that you will not use our Website content, data or materials within an AI System to generate derivative works, unless we have given you prior written permission.

11 - GOVERNING LAW

(a) The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.

(b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.

(c) This Website may be accessed from outside Australia. We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.

12 - DEFINITIONS

Artificial Intelligence (AI) means a machine-based system that, for explicit or implicit objectives, infers from input data how to generate outputs (such as text, images, content, recommendations or decisions) that can influence physical or virtual environments.

AI Systems means software, platforms or tools using artificial intelligence — including generative AI, chatbots, image generators, transcription tools, or data analysis assistants.

AI Generated Output means material, content or information created wholly or partly by an AI System.

Data Training means the process of using data (including text, images or other content) to train, refine or improve an AI System’s performance.