Terms of Service

mineracks.ai is operated by mineracks pty ltd (ABN 54 654 312 786), a company registered in Queensland, Australia. In these terms "we", "us" and "mineracks" mean that company, and "you" means the business engaging us.

These terms cover this website and the services described on it. They are not a substitute for the written agreement we sign with retainer clients.

We design, build and operate custom software, and we integrate AI into the systems businesses already run. Depending on what you ask for, that can include software development, integration with your existing systems, hosting and ongoing operation, and support.

We are a software and infrastructure company. We do not provide legal, financial, medical, tax or other professional advice, and nothing we build should be treated as a substitute for a qualified professional.

Our usual arrangement is a monthly retainer that gives you an agreed amount of our capability each month, in one of three sizes. We work through an agreed list of priorities together.

• The retainer is billed monthly in advance unless we agree otherwise in writing.
• Capability is provided over the month. Unused capability does not automatically roll over unless your signed agreement says it does.
• You can move between sizes, or pause or end the retainer, on the notice set out in your agreement.
• Work outside the retainer, such as a one-off project or third-party licence costs, is quoted separately and agreed before it starts.

We agree priorities with you before work starts, and we will tell you plainly when something you have asked for is larger than it looks, is a poor use of the retainer, or is unlikely to work.

Estimates are estimates. Software work carries genuine uncertainty and we will not pretend otherwise; where a deadline matters, tell us and we will say honestly whether it is achievable.

You own your data. The content, records and information you give us, and anything our systems generate from it, remain yours.

You own the custom software we build for you, once it is paid for. On full payment we assign to you the intellectual property in the bespoke code and configuration written specifically for your engagement.

We keep our own tools. We retain ownership of the general-purpose frameworks, libraries, templates, runbooks and know-how we bring with us or develop generally, including anything we independently develop for other clients. Where any of that is embedded in what we deliver, we grant you a perpetual, non-exclusive, irrevocable licence to use it as part of your solution.

Third-party and open-source components stay under their own licences, and we will tell you what they are.

To do the work we usually need access to systems you control. You are responsible for having the authority to grant that access.

We work read-only by default and ask for write access only where a task genuinely needs it. We will use credentials only for the agreed work, and we will tell you promptly if we believe a credential has been exposed.

This matters more than anything else on this page, so we will be direct about it.

• AI systems make mistakes. They can produce output that is fluent, confident and wrong. Any process where a wrong answer has real consequences must keep a human in the loop, and we will design it that way.
• Output is not advice. Nothing an AI system we build produces is legal, financial, tax, medical or other professional advice, however authoritative it sounds.
• Frontier models are third-party services. Where we use them, your prompts and the data attached to them are sent to that provider and processed under their terms. We will tell you which providers are involved and what goes to them, and we will configure the account to disable training on your content wherever the provider offers that setting.
• Private models run on hardware you or we control. Where the work justifies it, we can keep processing entirely on infrastructure in Australia, and we will be clear with you about which parts of a system do which.
• You decide what is off-limits. Tell us what must never leave your systems and we will design around that constraint rather than around convenience.

We can host what we build in our own data centre in Australia, or install it on infrastructure you own and operate. Where we host, the infrastructure cost is included in your retainer.

We take backups of the systems we operate for you and we test that they restore. We do not promise a specific uptime figure unless your signed agreement contains one; if you need a service level with teeth, ask and we will price it.

We carry out maintenance and updates as part of running the service, and we will give you reasonable notice of anything likely to interrupt you.

Fees are as quoted or as set out in your agreement, in Australian dollars, and are exclusive of GST unless stated otherwise. Invoices are payable within the period stated on the invoice.

If an invoice is significantly overdue we may pause work after telling you first. We will not withhold your data because of a payment dispute.

We treat what we learn about your business as confidential and use it only to do the work. We will not name you as a client publicly without your permission.

The same obligation runs the other way for anything we show you about how our systems are built.

Solutions we build often depend on services operated by others, including model providers, cloud services, payment providers and open-source projects. Those services have their own terms and their own availability, and they change on their own schedule.

We choose them carefully and we tell you what a solution depends on, but we are not responsible for a third party's acts, outages or pricing changes.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, where those cannot lawfully be excluded.

We will perform our services with due care and skill. Beyond that and beyond any non-excludable guarantee, our services are provided without further warranty, and we do not warrant that software will be error-free or uninterrupted.

To the maximum extent permitted by law, and except where liability cannot lawfully be limited: neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings or loss of business opportunity; and our total aggregate liability arising out of an engagement is limited to the fees you paid us for that engagement in the twelve months before the event giving rise to the liability. Where liability under a non-excludable guarantee can be limited, we limit it to re-supplying the service or paying the cost of re-supply.

Either of us can end the retainer on the notice in your agreement. We would rather you leave well than stay reluctantly.

On termination, and provided your account is settled, we will give you your data in a standard, usable format, hand over the code and configuration you own, and provide reasonable assistance to move to another provider or in-house. Deliberate lock-in is not something we do; if it ever feels like it is, tell us.

We may update these terms as our services develop, and the "last updated" date above will change when we do. Material changes affecting an active engagement will be discussed with you rather than posted quietly.

These terms are governed by the laws of Queensland, Australia, and both of us submit to the non-exclusive jurisdiction of the courts of that state.

Questions? Email info@mineracks.ai or call 1300 11 80 79.