Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of Foundation's website at https://usefoundation.com.au (the “Website”).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

These Terms are entered into between you and Programmatical Pty Ltd (ABN 66 686 965 604), trading as Foundation (“Foundation”, “we”, “us”, “our”).

You represent that you are at least 18 years of age. The Website is not intended for, and may not be used by, persons under 18.

2. About Foundation and the Website

Foundation helps founder-led businesses design, build, and operate AI infrastructure. The Website is where you can learn about what we do, access resources, request a demo, book a consultation, subscribe to updates, and get in touch. Paid work is scoped and agreed in writing before it begins and is governed by a separate client agreement (see clause 8).

Foundation may add or change Website features from time to time, including resource downloads, online booking, and online payment via third-party processors.

3. Use of the Website

3.1 Acceptable Use

You may use the Website for lawful, personal, or business purposes consistent with these Terms.

3.2 Prohibited Use

You must not, and must not permit any other person to:

1. (a) use the Website in any unlawful manner or for any unlawful purpose;
2. (b) attempt to gain unauthorised access to the Website, its servers, or any related systems or networks;
3. (c) interfere with, disrupt, or attempt to disrupt the Website or its underlying infrastructure;
4. (d) scrape, harvest, mine, or otherwise extract data from the Website without Foundation's prior written consent;
5. (e) reverse engineer, decompile, or attempt to derive the source code of any part of the Website;
6. (f) use the Website to transmit harmful code, viruses, malware, or any other malicious content;
7. (g) use the Website to harass, threaten, defame, or otherwise harm any person;
8. (h) impersonate any person or entity, or misrepresent your identity or affiliation;
9. (i) use any automated means (including bots, scrapers, or crawlers) to access the Website without Foundation's prior written consent (other than search engine crawlers operating in accordance with our robots.txt file);
10. (j) reproduce, copy, sell, resell, or otherwise exploit the Website or its content for any commercial purpose without Foundation's prior written consent; or
11. (k) breach any applicable law or regulation in connection with your use of the Website.

4. Intellectual Property

4.1 Foundation's IP

The Website and the content we create and own (including text, graphics, logos, images, audio, video, software, code, and arrangement) are the property of Foundation or its licensors and are protected by Australian and international intellectual property laws.

Some content shown on the Website — such as client or partner names, logos, trade marks, and images — belongs to its respective owners and is displayed with their permission. Foundation does not claim ownership of that content, and these Terms do not grant you any right to use it.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and its content for personal or internal business purposes, subject to these Terms.

You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any content on the Website without Foundation's prior written consent, except where expressly permitted (for example, sharing a link, or downloading a resource expressly made available for download).

4.2 Trade Marks

“Foundation” and any related logos, marks, or branding are trade marks of Programmatical Pty Ltd. You may not use these marks without Foundation's prior written consent. Referring to Foundation by name — for example, to say you work with us — is welcome; if you'd like to use our logo or branding, just ask and we're usually happy to help. All other trade marks, logos, and brand names appearing on the Website are the property of their respective owners.

4.3 Feedback

If you provide Foundation with feedback, suggestions, or ideas about the Website or Foundation's products and services, you agree that Foundation may use that feedback for any purpose without restriction or compensation to you.

4.4 Infringement Reporting

If you believe content on the Website infringes your intellectual property rights, please contact Foundation at contact@usefoundation.com.au with details of the alleged infringement.

5. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources. Foundation does not control these third-party sites and is not responsible for their content, accuracy, or availability.

Foundation's inclusion of any link does not imply endorsement of the linked content. Your use of any third-party site is at your own risk and subject to the terms and policies of that site.

6. Contact Forms, Bookings, and Payments

6.1 Contact Forms and Bookings

If you submit a contact form, demo request, or consultation booking through the Website, the information you provide will be handled in accordance with Foundation's Privacy Policy at https://usefoundation.com.au/privacy-policy.

Submitting a form or booking a call is an enquiry, not a binding engagement. Any paid work begins only under a separate written agreement (see clause 8).

6.2 Online Payments

Where the Website offers online payment for Foundation products or services, payments are processed by third-party payment providers (such as Stripe). The terms of those providers apply to the payment transaction. Foundation does not store full payment card details.

6.3 Specific Engagement Terms

The purchase of any Foundation paid product or service may be subject to additional terms specific to that product or service (for example, engagement terms displayed at the time of purchase or set out in a signed agreement). Those additional terms apply to that engagement.

7. Privacy

Foundation's collection and use of personal information in connection with the Website is described in Foundation's Privacy Policy, available at https://usefoundation.com.au/privacy-policy. The Privacy Policy is incorporated into these Terms by reference.

8. Signed Client Agreements

If you are a Foundation client engaged under a Master Services Agreement, Statement of Work, or other signed agreement, the terms of that agreement govern your engagement with Foundation.

Where there is any inconsistency between these Terms and your signed client agreement, the signed agreement prevails with respect to your engagement.

9. Disclaimers

9.1 Information Accuracy

Foundation takes reasonable steps to ensure the accuracy of content on the Website, but does not warrant that the content is complete, current, accurate, or free of errors. Content on the Website is provided for general information purposes and does not constitute professional advice. You should not rely on content on the Website as a substitute for advice from a qualified professional.

9.2 Availability

Foundation does not warrant that the Website will be available at all times, free from errors or interruptions, or free from viruses or other harmful components. Foundation may suspend, modify, or discontinue the Website (or any part of it) at any time without notice.

9.3 No Warranty

To the maximum extent permitted by law, the Website and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied.

10. Limitation of Liability

10.1 Limitation

To the maximum extent permitted by law, Foundation's total aggregate liability to you in connection with the Website is limited to AUD $100.

Foundation is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business, goodwill, data, or anticipated savings, arising out of or in connection with your use of the Website, even if Foundation has been advised of the possibility of such damages.

10.2 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot be lawfully excluded, restricted, or modified.

To the maximum extent permitted by law, where Foundation's liability for breach of any non-excludable consumer guarantee may be limited, that liability is limited to the supplying of the services again or the payment of the cost of having the services supplied again.

11. Indemnity

You agree to indemnify Foundation for any claims, costs, damages, expenses, or losses (including reasonable legal fees) arising from or in connection with:

1. (a) your breach of these Terms;
2. (b) your use of the Website in any manner not permitted by these Terms;
3. (c) your violation of any applicable law in connection with the Website; or
4. (d) any third-party claim arising from your actions or omissions in connection with the Website.

12. Modifications

Foundation may modify these Terms from time to time to reflect changes in our practices, technologies, legal requirements, or other factors.

Updates will be posted on the Website with a revised ‘Last updated’ date at the top of the document. Your continued use of the Website after an update constitutes acceptance of the updated Terms.

For material changes, Foundation will make reasonable efforts to provide at least 30 days' notice before the new terms take effect (such as a prominent notice on the Website or, where applicable, by email). What constitutes a material change will be determined at Foundation's reasonable discretion.

13. Termination of Access

Foundation may suspend or terminate your access to the Website at any time, with or without notice, if Foundation reasonably believes you have breached these Terms or if Foundation is required to do so by law.

Upon termination, your right to use the Website ends immediately, but the provisions of these Terms that by their nature should survive termination (including clauses 4, 9, 10, 11, and 14) will continue to apply.

14. General

14.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, it will be severed and the remaining provisions will continue in full force and effect.

14.3 Waiver

A waiver of any right under these Terms is only effective if it is in writing. A failure to exercise or delay in exercising any right is not a waiver of that right.

14.4 Entire Agreement

These Terms, together with the Privacy Policy and any specific engagement terms you have agreed to with Foundation, constitute the entire agreement between you and Foundation in connection with your use of the Website.

14.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without Foundation's prior written consent. Foundation may assign its rights and obligations to a related body corporate or successor in business without consent.

14.6 Force Majeure

Foundation is not liable for any delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including natural disasters, pandemics, government actions, internet or infrastructure outages, or the failure or discontinuation of third-party services.

15. Contact

For any questions or concerns about these Terms, please contact:

Email: contact@usefoundation.com.au
Website: https://usefoundation.com.au