Liability & User Responsibility Disclaimer

Liability and User Responsibility Disclaimer – Australian Memoirs™

Last updated: 1 July 2025

This comprehensive Liability and User Responsibility Disclaimer applies to all users of Australian Memoirs™ services, including our website, SaaS memoir writing platform, mobile applications, desktop software, AI writing assistants, digital content, professional memoir services, and all associated products and services operated by New Quiet Empire Pty Ltd (ABN [Insert ABN]). This disclaimer forms an integral part of and is governed by our Terms of Service, Privacy Policy, End User License Agreement (EULA), Cookie Policy, and all other applicable agreements and policies.

Important Legal Notice

Australian Consumer Law Preservation: Nothing in this disclaimer attempts to exclude, restrict, or modify your rights under the Australian Consumer Law (ACL), the Competition and Consumer Act 2010 (Cth), or any other statutory rights that cannot be lawfully excluded. Where the law implies conditions, warranties, or undertakings, or imposes liability that cannot be excluded, our liability is limited to the extent permitted by law.

Risk Acknowledgment: By accessing and using Australian Memoirs™ services, you acknowledge and accept the inherent risks associated with cloud-based software platforms, AI-generated content, digital file storage, and online memoir creation services. You agree to use our services at your own risk and accept responsibility for the consequences of your use.

User Responsibility for Data Management and Content Security

Data Backup and Protection Obligations: Australian Memoirs™ operates as a cloud-based memoir writing platform. While we implement industry-standard security measures including encryption, redundant backups, and robust infrastructure protections, users bear ultimate responsibility for their content security and data management:

Primary User Responsibilities:

Regular Content Export: Users must regularly export and save their memoir content in multiple formats and locations outside our platform
Local Backup Creation: Maintain offline or alternative cloud-based backups of all important memoir content, photos, documents, and personal files
Version Control Management: Keep track of different versions of memoir drafts and important content revisions
Content Documentation: Maintain records of uploaded media, interview recordings, and source materials

Technical Environment Management:

Device Security: Ensure personal devices used to access the platform are secure, updated, and protected from malware
Internet Connectivity: Maintain reliable internet connections during important writing sessions and content uploads
Browser Compatibility: Use current, supported web browsers and keep them updated for optimal platform functionality
Local Storage Management: Ensure adequate local device storage for content downloads and temporary file storage

Data Loss Limitation of Liability: New Quiet Empire Pty Ltd is not liable for data loss, file corruption, content deletion, or access failure arising from:

User device malfunction, hardware failure, or software conflicts
Internet service interruptions, network connectivity issues, or bandwidth limitations
User error, accidental deletion, or improper use of platform features
Third-party service disruptions affecting cloud infrastructure or integrated services
Force majeure events including natural disasters, cyberattacks, or government actions

Platform Access and Acceptable Use Standards

Lawful and Responsible Use Requirements: All users must comply with comprehensive acceptable use standards:

Prohibited Content and Activities:

Illegal Content: Creation, upload, or sharing of content that violates local, state, federal, or international laws
Harmful Content: Content promoting violence, hatred, discrimination, or harm against individuals or groups
Defamatory Material: False statements that damage the reputation of individuals, businesses, or organizations
Copyright Infringement: Unauthorized use of copyrighted materials, including text, images, music, or other creative works
Privacy Violations: Sharing personal information of others without consent or violating privacy rights

Technical Misuse Prohibitions:

Unauthorized Access: Attempting to access accounts, data, or system areas belonging to other users
System Interference: Introducing malicious code, viruses, malware, or attempting to compromise system security
Automated Abuse: Using bots, scripts, or automated tools to access or manipulate platform features inappropriately
Resource Abuse: Excessive use of platform resources that degrades service for other users
Reverse Engineering: Attempting to decompile, reverse engineer, or extract proprietary code or algorithms

Account Suspension and Termination: Violations of acceptable use policies may result in:

Immediate Suspension: Temporary account suspension pending investigation of serious violations
Permanent Termination: Account termination without notice for severe or repeated violations
Content Removal: Deletion of violating content without prior notification
Legal Action: Referral to law enforcement for illegal activities or significant policy violations
No Refund: Forfeiture of paid subscription fees for accounts terminated due to policy violations

Intellectual Property Protection and Enforcement

Our Proprietary Rights: New Quiet Empire Pty Ltd owns and protects extensive intellectual property rights in Australian Memoirs™ platform and services:

Protected Intellectual Property:

Software Technology: All source code, algorithms, software architecture, and technical implementations
User Interface Design: Platform layouts, navigation structures, visual design elements, and user experience flows
AI Integration: Proprietary AI prompt engineering, integration methodologies, and custom AI training approaches
Content Templates: Writing frameworks, memoir structures, prompt libraries, and instructional content
Business Processes: Memoir creation methodologies, professional service workflows, and quality assurance procedures

Legal Protections: All intellectual property is protected under:

Copyright Act 1968 (Cth): Australian copyright protection for original creative and technical works
Designs Act 2003 (Cth): Protection for unique visual and functional design elements
Trade Marks Act 1995 (Cth): Trademark protection for Australian Memoirs™ branding and distinctive marks
International Treaties: Protection under Berne Convention, WIPO treaties, and bilateral IP agreements

User Intellectual Property Restrictions: Users are strictly prohibited from:

Commercial Reproduction: Copying, reproducing, or redistributing platform features, templates, or content for commercial purposes
Competitive Use: Using proprietary elements to develop competing memoir writing services or platforms
Reverse Engineering: Attempting to recreate, duplicate, or derive our proprietary technologies
Unauthorized Distribution: Sharing screenshots, source code, proprietary prompts, or templates outside the platform
Brand Misuse: Using Australian Memoirs™ trademarks, logos, or branding without explicit written permission

User Content Ownership and Rights

Your Content Rights: Users retain full ownership and copyright of original memoir content, personal stories, and creative works created using our platform:

User-Owned Content:

Original Memoir Text: Personal narratives, stories, and written content created by users
Personal Media: Photographs, documents, audio recordings, and video content uploaded by users
Creative Arrangements: Unique organization, structure, and presentation of memoir content
Personal Commentary: Annotations, reflections, and personal insights added to memoir projects

Limited License to Us: By uploading content to our platform, you grant New Quiet Empire Pty Ltd a limited, non-exclusive license to:

Service Provision: Store, process, and display your content solely for the purpose of providing memoir writing services
Technical Processing: Backup, synchronize, and optimize content for platform functionality
AI Integration: Process content through AI services for writing assistance (with content privacy protections)
Support Services: Access content when explicitly authorized for customer support or professional editing services

User Content Responsibilities: Users warrant and represent that all uploaded content:

Legal Ownership: Users own or have legal right to use all uploaded materials
Third-Party Rights: Content does not infringe copyrights, trademarks, privacy rights, or other legal rights of third parties
Accuracy Responsibility: Users are responsible for the accuracy and appropriateness of all memoir content
Family Consent: Users have obtained necessary consent from family members for inclusion in memoir projects

Limitation of Liability and Risk Allocation

Comprehensive Liability Limitations: To the maximum extent permitted by Australian law, New Quiet Empire Pty Ltd limits liability for various categories of potential damages:

Service-Related Limitations:

Platform Availability: No guarantee of uninterrupted, error-free, or completely secure service access
Content Quality: No warranty regarding the quality, accuracy, or completeness of AI-generated content or suggestions
Third-Party Services: No liability for issues arising from integrated third-party services including payment processors, cloud storage, or AI providers
Technical Performance: No guarantee of specific performance levels, response times, or technical specifications

Excluded Damages: We specifically disclaim liability for:

Consequential Damages: Lost profits, business opportunities, revenue, or economic advantage
Incidental Damages: Additional costs, expenses, or secondary losses arising from service use
Punitive Damages: Exemplary or punitive damages regardless of the legal theory
Emotional Distress: Psychological harm, emotional distress, or reputational damage (except where legally required)

Monetary Liability Cap: Our total aggregate liability for all claims arising from your use of Australian Memoirs™ services shall not exceed the total amount paid by you to us in the 12 months immediately preceding the event giving rise to the claim, with a maximum cap of $1,000 AUD per incident.

Preserved Legal Rights: This limitation does not apply to liability that cannot be excluded under Australian law, including:

Consumer Guarantees: Liability for breach of consumer guarantees under the Australian Consumer Law
Negligence: Liability for death or personal injury caused by our negligence
Fraud: Liability for fraudulent misrepresentation or willful misconduct
Statutory Rights: Any other liability that cannot be excluded or limited by law

AI Services and Content Generation Disclaimers

AI Technology Limitations: Australian Memoirs™ integrates advanced AI technologies to enhance memoir writing experiences. Users must understand and accept the inherent limitations of AI systems:

AI Content Accuracy Disclaimers:

Probabilistic Nature: AI-generated content is based on statistical patterns and probabilities, not factual verification
Historical Accuracy: AI may suggest historically inaccurate information, dates, or cultural references
Factual Verification: Users must independently verify all factual claims, dates, and historical information suggested by AI
Cultural Sensitivity: AI may not understand nuanced cultural, family, or personal contexts
Bias Potential: AI systems may reflect biases present in training data or algorithmic approaches

AI Service Dependencies:

Third-Party Providers: AI functionality depends on third-party services (OpenAI, Anthropic, Google, Microsoft) beyond our direct control
Service Availability: AI features may be temporarily unavailable due to provider limitations or technical issues
Model Updates: AI behavior may change as providers update their models and capabilities
Processing Limitations: AI services may have usage limits, rate restrictions, or capacity constraints

User Responsibilities for AI Content:

Review and Approval: Users must carefully review and approve all AI-generated suggestions before incorporation
Fact-Checking: Independent verification of all factual information, dates, and historical claims
Appropriateness Assessment: Evaluation of cultural sensitivity and family appropriateness of AI suggestions
Creative Control: Users retain complete creative control and responsibility for final memoir content

Account Security and Access Management

User Account Security Responsibilities: Users bear primary responsibility for maintaining the security and proper use of their Australian Memoirs™ accounts:

Password and Access Security:

Strong Passwords: Creation and maintenance of strong, unique passwords using recommended security practices
Credential Protection: Safeguarding login credentials and not sharing access with unauthorized individuals
Multi-Factor Authentication: Enabling and maintaining two-factor authentication when available
Session Management: Properly logging out of accounts, especially on shared or public devices
Suspicious Activity Reporting: Immediate notification of suspected unauthorized access or security breaches

Account Sharing and Transfer Restrictions:

Personal Use Only: Accounts are for individual use and may not be shared among multiple people
No Commercial Sharing: Accounts may not be used to provide commercial memoir writing services to third parties
Transfer Restrictions: Account rights and access may not be transferred, sold, or assigned to other parties
Family Account Exceptions: Designated family account features may allow authorized family member access under specific terms

Our Security Measures and Limitations:

Reasonable Precautions: We implement industry-standard security measures but cannot guarantee absolute security
Monitoring Limitations: We do not continuously monitor user account activity or content for security purposes
Investigation Rights: We reserve the right to investigate suspected security breaches or policy violations
Access Restrictions: We may temporarily restrict account access during security investigations

Professional Memoir Services and Content Rights

Professional Service Intellectual Property: For users engaging our premium professional memoir writing services, specific intellectual property and content ownership terms apply:

Content Creation and Ownership:

Client Ownership: All memoir content created through professional services belongs to the commissioning client
Work-for-Hire: Professional writing services operate under work-for-hire arrangements where applicable under Australian law
Collaborative Content: Content created through collaborative processes is owned by the client with attribution rights for professional contributors
Source Material: Clients retain ownership of all source materials, interviews, and personal content provided

Payment and Rights Transfer:

Full Payment Requirement: Complete ownership rights transfer only upon full payment of agreed professional service fees
Partial Payment Rights: Clients receive ownership of content created proportional to payments made
Payment Default Impact: Unpaid professional services may result in limited rights transfer and content access restrictions
Written Documentation: All intellectual property transfers must be documented in writing and signed by both parties

Professional Service Limitations:

No Publication Guarantee: Professional services do not guarantee publication, commercial success, or market acceptance
Quality Standards: Services provided according to professional industry standards but outcomes may vary
Timeline Estimates: Project timelines are estimates and may be affected by client responsiveness and project complexity
Revision Limits: Professional services include specified revision rounds; additional changes may incur additional fees

Product Pricing and Service Modifications

Dynamic Pricing and Cost Transparency: Australian Memoirs™ operates with transparent but dynamic pricing for various products and services:

Pricing Display and Changes:

Current Pricing: All current pricing clearly displayed on our website and service proposal documents
Price Change Rights: We reserve the right to modify pricing at any time with appropriate notice
Grandfathering Policies: Existing subscribers may be grandfathered under current pricing for specified periods
Regional Pricing: Pricing may vary by geographic region based on local market conditions and currency fluctuations

Payment and Service Delivery:

Payment Requirements: All costs must be paid in full before delivery of final products unless alternative payment arrangements are agreed in writing
Service Commencement: Services begin only after receipt of required deposits or full payment
Additional Services: Services beyond standard packages require separate agreements and payment
Currency and Exchange: All pricing in Australian Dollars unless otherwise specified; international payments subject to exchange rate variations

Service Modification Rights:

Feature Updates: We may add, modify, or remove platform features with appropriate user notification
Service Improvements: Continuous improvement of services may result in changes to user experience or functionality
Third-Party Integration Changes: Modifications to third-party integrations may affect available features or functionality
Advance Notice: Material service changes will be communicated with reasonable advance notice

Subscription Access and Service Entitlements

Subscription Service Boundaries: Subscription access to Australian Memoirs™ provides specific entitlements with clear limitations:

Included Services:

Platform Access: Full access to memoir writing dashboard and core platform features
AI Writing Tools: Access to integrated AI writing assistants and content generation features
Template Library: Use of available writing templates, prompts, and structural frameworks
Cloud Storage: Specified storage allocation for memoir content, media files, and project data
Customer Support: Access to standard customer support services and help documentation

Excluded Services and Additional Costs:

Professional Writing Services: Ghostwriting, professional editing, and consultation services require separate payment
Physical Product Creation: Book printing, binding, and physical memoir production incur additional costs
Premium Templates: Certain premium templates or content may require additional purchase
Extended Support: Priority support, extended consultation, or personalized assistance may incur additional fees
Third-Party Integrations: Some third-party service integrations may require separate accounts or payments

Service Level Variations:

Subscription Tiers: Different subscription levels provide varying feature access and service levels
Usage Limitations: Some features may have usage limits based on subscription tier
Beta Features: New or experimental features may be limited to specific subscription levels
Geographic Restrictions: Some features may be limited based on geographic location due to technical or legal constraints

International Use and Jurisdiction

Global Access and Legal Compliance: Australian Memoirs™ is operated from Australia and governed by Australian law, with considerations for international users:

Governing Law and Jurisdiction:

Primary Jurisdiction: This disclaimer and all related agreements are governed by Queensland, Australia law
Court Jurisdiction: Australian courts have exclusive jurisdiction for legal disputes and proceedings
International Users: Users accessing services from other countries do so at their own risk and responsibility
Local Law Compliance: International users remain responsible for compliance with all applicable local laws and regulations

Cross-Border Considerations:

Data Transfer Rights: User data may be transferred internationally as necessary for service provision
Export Control Compliance: Services subject to Australian export control laws and international trade regulations
Currency and Tax Implications: International users responsible for currency conversion costs and local tax obligations
Service Availability: Some features or services may not be available in all countries due to legal or technical restrictions

International Legal Protections:

Local Consumer Rights: International users may be entitled to additional protections under local consumer protection laws
GDPR Compliance: EU users entitled to specific rights under General Data Protection Regulation
Other Regulatory Frameworks: Compliance with applicable international privacy and consumer protection regulations

Force Majeure and Extraordinary Circumstances

Uncontrollable Events and Service Impacts: New Quiet Empire Pty Ltd is not liable for service disruptions or performance issues caused by circumstances beyond our reasonable control:

Force Majeure Events:

Natural Disasters: Earthquakes, floods, fires, storms, and other natural catastrophes
Government Actions: Regulatory changes, legal restrictions, sanctions, or government-mandated service suspensions
Infrastructure Failures: Internet backbone failures, power grid outages, or telecommunications disruptions
Cybersecurity Incidents: Large-scale cyberattacks, DDoS attacks, or security breaches affecting internet infrastructure
Pandemic or Health Emergencies: Public health emergencies affecting business operations or service delivery

Service Continuity Commitments:

Best Efforts: We will use reasonable efforts to maintain service availability during extraordinary circumstances
Communication: Prompt communication about service disruptions and expected resolution timelines
Alternative Solutions: Provision of alternative access methods or temporary solutions where feasible
Recovery Priority: Priority given to restoring essential services and protecting user data integrity

User Responsibilities During Disruptions:

Data Protection: Users should maintain independent backups especially during announced service disruptions
Communication Monitoring: Users should monitor official communications for service status updates
Alternative Arrangements: Users may need to make alternative arrangements for time-sensitive memoir projects
Patience and Understanding: Recognition that some service disruptions may require extended resolution time

Disclaimer Updates and Communication

Policy Modification Rights and Procedures: This Liability and User Responsibility Disclaimer may be updated to reflect changes in services, legal requirements, or business practices:

Update Triggers:

Service Enhancements: New features, technologies, or service offerings that require updated liability terms
Legal Changes: Modifications to applicable laws, regulations, or legal precedents
Business Evolution: Changes in business model, service structure, or operational procedures
User Feedback: Improvements based on user feedback, questions, or clarification requests

Notification Process:

Advance Notice: 30-day notice for material changes affecting user rights or responsibilities
Website Publication: Updated disclaimer published on website with clear version dating and change highlights
Email Notification: Direct email notification to active users for significant changes
In-Platform Alerts: Dashboard notifications for users about important disclaimer updates

Continued Use Acceptance:

Acceptance by Use: Continued use of services after notice period constitutes acceptance of updated terms
Objection Rights: Users who object to material changes may terminate their account and receive applicable refunds
Version Archives: Previous disclaimer versions available upon request for reference and comparison

Contact Information and Support

Legal and Compliance Inquiries: For questions, concerns, or clarifications regarding this Liability and User Responsibility Disclaimer:

Primary Contact Channels:

Legal Matters: legal@australianmemoirs.com.au for disclaimer interpretation and legal questions
General Support: enquiries@australianmemoirs.com.au for general questions and service issues
Technical Issues: technical-support@australianmemoirs.com.au for platform functionality and access problems
Professional Services: professional-services@australianmemoirs.com.au for memoir writing service inquiries

Business Contact Information: New Quiet Empire Pty Ltd ABN: [Insert ABN] Postal Address: PO Box 387, Morayfield, QLD 4506, Australia Phone Support: Available via email appointment Business Hours: Monday-Friday, 9:00 AM – 5:00 PM AEST

Response Commitments:

Legal Inquiries: Response within 3 business days for disclaimer and liability questions
General Support: Response within 1 business day for standard service questions
Urgent Issues: Priority response for security incidents, data access problems, or service disruptions
Professional Consultation: Scheduled consultation available for complex legal or technical questions

Final Acknowledgment and Legal Effect

Binding Agreement: By accessing, using, or continuing to use Australian Memoirs™ services in any capacity, you acknowledge that you have read, understood, and agree to be bound by this comprehensive Liability and User Responsibility Disclaimer.

Legal Integration: This disclaimer operates in conjunction with our Terms of Service, Privacy Policy, End User License Agreement, Refund Policy, and all other applicable terms to create a complete legal framework governing your use of our services.

Professional Legal Advice: If you have questions about your legal rights, responsibilities, or the implications of this disclaimer, we recommend consulting with qualified legal counsel familiar with Australian consumer protection law and digital service agreements.

Effective Period: This disclaimer remains in effect for the entire duration of your relationship with Australian Memoirs™ and survives termination of your account for applicable provisions.

Last Updated: 2 July 2025
Document Version: 2.1
Next Review Date: January 2026
Legal Jurisdiction: Queensland, Australia