Website Terms of Use
The terms, disclaimer and limitation of liability that govern your use of xiphirium.com. Engagements for paid work are governed separately — see the Client Service Agreement.
This page covers visiting the website. It is provided as-is and for general information — nothing on it is professional advice, a quote, or a binding offer. Submitting a brief does not create a contract. Use the site lawfully and don’t attack or scrape it. Paid work is governed by a separate Client Service Agreement.
01 About these terms
These Website Terms of Use (Terms) govern your access to and use of the website at xiphirium.com and its sub-pages and features (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 govern the Website only. They do not govern paid software services — those are governed by the Client Service Agreement together with the relevant proposal or statement of work.
02 Definitions
- Xiphirium / we / us / our
- Xirophi Pty Ltd (ACN 697 534 393, ABN 47 697 534 393), trading as Xiphirium.
- You / your
- Any person who accesses or uses the Website.
- Content
- All text, design, code, graphics, images, layout and other material made available on the Website.
- Spec Engine
- The “Spec my project” feature, which uses an automated AI system to produce an indicative project estimate.
- Australian Consumer Law
- Schedule 2 to the Competition and Consumer Act 2010 (Cth).
03 Who we are
The Website is operated by Xirophi Pty Ltd, an Australian proprietary company, trading under the registered business name Xiphirium, based in Sydney, New South Wales.
04 Permission to use this website
We grant you a limited, non-exclusive, non-transferable, revocable permission to access and use the Website for your own lawful, personal or internal business purposes — for example, to learn about our services and to send us an enquiry.
This permission does not transfer any ownership rights, and we may suspend or withdraw it at any time.
05 Acceptable use
When using the Website, you must not:
- use it for any unlawful, fraudulent or harmful purpose, or in breach of these Terms;
- attempt to gain unauthorised access to, interfere with, probe, scan or disrupt the Website, its endpoints, or any server or network connected to it;
- introduce any virus, malware or other harmful code;
- impose an unreasonable or disproportionate load on our infrastructure, or attempt to circumvent rate limiting or other controls;
- use any automated means (bots, scrapers, crawlers) to access, copy or harvest Content or data, except for well-behaved search-engine indexing;
- misuse the brief form or Spec Engine, including by submitting spam, abusive, deceptive or knowingly false content, or another person’s personal information without authority;
- copy, reproduce, republish, frame or create derivative works from the Content except as expressly permitted; or
- reverse engineer, decompile or attempt to extract the source code of any part of the Website, except to the extent this restriction is prohibited by law.
We may investigate and take action — including blocking access and reporting to authorities — in response to conduct that breaches this section.
06 Intellectual property
The Website and all Content are owned by or licensed to Xiphirium and are protected by Australian and international intellectual property laws. The Xiphirium name, the Xirophi name, our logo and our visual identity are our property.
Except for the limited permission in section 4, no right or licence is granted to you in the Website or Content. You may not use our names or branding without our prior written consent.
Intellectual property in deliverables produced under a paid engagement is dealt with separately in the Client Service Agreement.
07 Enquiries, briefs and the spec engine
- No contract is formed by submitting a brief. Submitting the brief form, using the Spec Engine, or otherwise contacting us is an enquiry only. It does not create a contract, retainer or other binding commitment, and does not oblige us to provide any services. A binding engagement is formed only as set out in the Client Service Agreement.
- Estimates are indicative, not offers. Any price range, tier, timeline or scope shown on the Website or produced by the Spec Engine is a general, indicative estimate. It is not a quote, offer or representation that we will perform work at that price or on that timeline. Quotes are confirmed only in a written proposal.
- The Spec Engine is automated. The Spec Engine produces output using a third-party AI model. Its output may be incomplete, inaccurate or unsuitable for your circumstances. You must not rely on it as professional, technical, financial or legal advice. We do not warrant its accuracy and accept no liability for reliance on it, to the extent permitted by law.
- Information you submit. You are responsible for the information you submit. You must not submit confidential information, credentials, sensitive information, or another person’s personal information through the Website. Information you submit is handled in accordance with our Privacy Policy.
08 Disclaimer
This section limits what you can expect from the Website. It applies subject to section 10 (Australian Consumer Law), which always prevails over anything inconsistent with it.
- Provided “as is”. The Website and all Content are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we make no representations or warranties of any kind, express or implied, about the Website, including as to accuracy, completeness, currency, reliability, security, fitness for a particular purpose, or uninterrupted or error-free operation.
- General information only. Content is provided for general information about Xiphirium and its services. It is not professional, technical, financial or legal advice, and must not be relied on as such. You should obtain your own advice before acting on anything you read here.
- No guarantee of outcomes. Any figures, metrics, timeframes, case references or examples shown on the Website are illustrative of past or typical work and are not a promise or guarantee of any particular result for you.
- Availability. We do not warrant that the Website will be available at any particular time, free of defects or viruses, or compatible with your equipment or software.
- Third-party content. We are not responsible for the content, accuracy or practices of any third-party website, service or resource referred to or linked from the Website.
09 Limitation of liability
- This section applies subject to section 10. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, implied or imposed by law (including the Australian Consumer Law) that cannot lawfully be excluded, restricted or modified (Non-excludable Rights).
- To the maximum extent permitted by law, we exclude all liability to you — whether in contract, tort (including negligence), under statute, or otherwise — for any loss or damage of any kind arising out of or in connection with your access to, use of, or inability to use the Website, the Content, or the Spec Engine, including any reliance on them.
- To the maximum extent permitted by law, we are not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data, goodwill, opportunity or business interruption, however arising.
- Where liability cannot be wholly excluded but may be limited, our total aggregate liability arising out of or in connection with the Website is limited to one hundred Australian dollars (AUD $100).
- You access and use the Website at your own risk. You are responsible for maintaining your own device security, anti-virus protection and data backups.
This is a free, informational website. If something on it is wrong, out of date, or unavailable, we are not responsible for losses that flow from relying on it — except for the consumer rights the law says we cannot exclude, which always apply.
10 Australian Consumer Law
Certain rights and guarantees under the Australian Consumer Law and other laws cannot be excluded, restricted or modified. Nothing in these Terms operates to exclude, restrict or modify any such Non-excludable Right.
Where we are liable for a failure to comply with a guarantee under the Australian Consumer Law that cannot be excluded, and the relevant goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability for that failure is limited — to the extent permitted by law and at our option — to supplying the relevant services again, or paying the cost of having them supplied again.
11 Your indemnity to us
To the maximum extent permitted by law, you indemnify Xiphirium and our personnel against all liability, loss, damage and reasonable costs (including legal costs) we suffer or incur arising out of or in connection with:
- your breach of these Terms;
- your misuse of the Website, its endpoints or the Spec Engine; or
- your unlawful, negligent or wrongful conduct in connection with the Website.
This indemnity is reduced proportionally to the extent the relevant liability, loss, damage or cost was caused or contributed to by us.
12 Privacy
We handle personal information collected through the Website in accordance with our Privacy Policy, which forms part of these Terms. By using the Website you acknowledge that you have read it.
13 Third-party links and services
The Website may link to or rely on third-party websites and services. We provide these for convenience only. We do not control, endorse or assume responsibility for any third party, and your dealings with them are governed by their own terms and policies.
14 Availability and changes
We may modify, suspend or discontinue the Website, or any feature of it, at any time without notice. We are not liable to you if any part of the Website is unavailable at any time or for any period.
15 Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.
16 General
- Changes to these Terms. We may update these Terms from time to time. The current version is always published at xiphirium.com/terms with its effective date. Your continued use of the Website after a change takes effect constitutes acceptance of the updated Terms.
- Severability. If any provision of these Terms is found to be invalid or unenforceable, it is to be read down to the extent necessary, or severed, and the remaining provisions continue in full force.
- No waiver. A failure or delay by us in exercising a right under these Terms is not a waiver of that right.
- Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us in relation to your use of the Website.
- Assignment. You may not assign your rights under these Terms. We may assign or novate ours to a successor of our business.
17 Contact
Questions about these Terms can be sent to:
- Email: hi@xiphirium.com
- Entity: Xirophi Pty Ltd (ACN 697 534 393) trading as Xiphirium
- Location: Sydney, New South Wales, Australia