1. About these terms

These Terms and Conditions (Terms) govern your access to and use of the website at bywill.ai, including the Journal and any content, downloads or resources made available on it (together, the Website). The Website is operated by Will Fernandes (bywill.ai) (“bywill.ai”, “I”, “we”, “us” or “our”), based in Brisbane, Queensland, Australia.

By accessing or using the Website, you agree to these Terms. If you do not agree, please do not use the Website. We may update these Terms from time to time by publishing a revised version on this page; the version in effect when you use the Website applies.

2. Use of the website

You may use the Website for lawful, personal and internal business purposes. You must not:

• use the Website in any way that breaches any law or the rights of any person;
• attempt to gain unauthorised access to the Website, its hosting or any related systems, or interfere with their security or operation;
• introduce viruses, malicious code or anything else that is harmful;
• scrape, harvest or systematically extract content or data from the Website by automated means, except for standard search-engine indexing, without our written permission;
• use Website content to train or fine-tune machine-learning or AI models without our written permission; or
• misrepresent your identity or affiliation, or imply that we endorse you, your organisation or any product.

3. Services and engagements

The Website describes the kinds of services we offer, including business and marketing strategy, creative and digital direction, practical AI and automation, and education and team enablement. Information on the Website is general and is not an offer capable of acceptance.

Any services we provide are subject to a separate written proposal, statement of work or agreement setting out the scope, timing, fees and terms of that engagement. If there is any inconsistency between those documents and these Terms, the engagement documents prevail in relation to the services.

4. No professional advice

Content on the Website, including Journal articles, examples, frameworks, diagrams and commentary, is provided for general information and education only. It does not take into account your particular objectives, circumstances or needs, and is not legal, financial, tax, accounting, investment, technical or other professional advice. Illustrations and diagrams are examples of an approach and are not client results unless expressly stated.

You should obtain advice tailored to your circumstances from an appropriately qualified professional before acting on any information on the Website. You rely on Website content at your own risk, subject to section 9.

5. AI-related content

The Website discusses artificial intelligence tools and practices, and some content may be prepared with the assistance of AI tools and reviewed by us. AI tools change rapidly and can produce inaccurate, incomplete or biased output. Any references to third-party AI products, features, prices or capabilities reflect our understanding at the time of writing and may change. You are responsible for evaluating whether any tool or approach is suitable, lawful and safe for your use, including in relation to privacy, confidentiality, intellectual property and the terms of the relevant provider.

6. Intellectual property

Unless otherwise indicated, all intellectual property rights in the Website and its content – including text, articles, graphics, logos, the bywill.ai name and brand, photographs, designs, diagrams and code – are owned by or licensed to us and are protected by Australian and international laws.

You may view, download and print Website content for your personal or internal business reference, and share links to Website pages. You may quote short extracts with clear attribution to bywill.ai and a link to the source. Otherwise, you must not copy, reproduce, republish, adapt, distribute, sell or create derivative works from any Website content without our prior written consent, except as permitted by the Copyright Act 1968 (Cth). Third-party names, logos and trade marks belong to their respective owners.

7. Accuracy and availability

We aim to keep the Website accurate and up to date, but we do not warrant that content is complete, current or free from errors, or that the Website will be available without interruption, secure or free from viruses or other harmful components. We may change, suspend or remove any part of the Website at any time without notice.

8. Third-party links

The Website may contain links to, or embedded content from, third-party websites and services. These are provided for convenience only. We do not control and are not responsible for third-party content, products, services or privacy practices, and a link does not imply endorsement. Your use of third-party websites is subject to their own terms.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) or any other law that cannot lawfully be excluded, restricted or modified (Non-Excludable Rights). These Terms are to be read subject to those Non-Excludable Rights.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee in relation to goods or services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to (a) in the case of services, supplying the services again or paying the cost of having the services supplied again; and (b) in the case of goods, replacing or repairing the goods, supplying equivalent goods or paying the cost of doing so.

10. Limitation of liability

Subject to section 9 and to the maximum extent permitted by law:

• the Website and its content are provided on an “as is” and “as available” basis, and all express or implied warranties, conditions and representations not set out in these Terms are excluded;
• we are not liable for any loss or damage (including indirect, incidental, special or consequential loss, or loss of profits, revenue, data, goodwill or business opportunity) arising out of or in connection with your access to or use of, or inability to use, the Website or reliance on its content, whether in contract, tort (including negligence), under statute or otherwise; and
• where our liability cannot be excluded but can be limited, our total liability in connection with the Website is limited to AUD $100.

Our liability in connection with any services we provide is governed by the relevant engagement documents rather than this section.

11. Indemnity

To the extent permitted by law, you agree to indemnify us against any claim, loss, liability or cost (including reasonable legal costs) arising from your breach of these Terms or your unlawful use of the Website, except to the extent caused by our own negligence or wrongdoing.

12. Privacy

Our handling of personal information, including cookies and similar technologies, is described in our Privacy Policy, which forms part of these Terms.

13. Governing law

These Terms are governed by the laws of Queensland, Australia, and the applicable laws of the Commonwealth of Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and courts entitled to hear appeals from them. If you access the Website from outside Australia, you are responsible for complying with local laws to the extent they apply.

14. General

If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary or severed, and the remaining provisions will continue in full force. A failure or delay by us in exercising a right does not operate as a waiver of that right. These Terms, together with our Privacy Policy, are the entire agreement between you and us about your use of the Website.

15. Contact

Questions about these Terms can be directed to Will Fernandes (bywill.ai), Brisbane, Queensland, Australia, via the Business Diagnostic form on our homepage.