Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the website located at avianpestcontrol.com (the "Website"), the operator monitoring platform (the "Platform"), and any Avian Pest Control automated pest bird management systems (the "Systems") operated by Avian Pest Control Pty Ltd (ABN: 15 485 836 311) ("Avian Pest Control", "we", "us" or "our").

By accessing the Website or Platform, or by operating a System, you agree to be bound by these Terms. If you do not agree, you must not access or use the Website, Platform or Systems.

2. Authorised Operators

Access to the Platform and the ability to operate Systems is restricted to Authorised Operators — individuals or organisations that have completed the Avian Pest Control account registration and verification process, hold all required licences, permits and regulatory approvals for pest bird management in their jurisdiction, and have been granted account access by Avian Pest Control.

Authorised Operators are solely responsible for:

• Ensuring they hold all required permits, licences and regulatory approvals before deploying or operating a System
• Complying with all applicable laws, regulations and biosecurity requirements in their jurisdiction
• Ensuring that euthanasia authorisation is only granted in accordance with applicable legal requirements
• Maintaining the security of their account credentials
• Ensuring that all persons who access their account are authorised to do so

3. Euthanasia Authorisation Requirements

The Systems include functionality that, upon operator authorisation, will euthanise a detected pest bird. This functionality must only be used in strict compliance with applicable laws and regulations.

By granting euthanasia authorisation through the Platform, the Authorised Operator represents and warrants that:

• They hold all required permits and approvals to euthanise the identified species in the relevant jurisdiction
• The euthanasia is being carried out in accordance with applicable animal welfare legislation
• The species identified by the System has been confirmed as a target pest species
• The euthanasia is being carried out for a lawful pest management purpose

Avian Pest Control accepts no liability for euthanasia events carried out without the required regulatory approvals. All euthanasia events are logged with operator identity, timestamp and authorisation record.

4. Acceptable Use

You must not use the Website, Platform or Systems to:

• Violate any applicable law, regulation or biosecurity requirement
• Euthanise non-target species or species for which you do not hold the required permits
• Attempt to circumvent, disable or interfere with any security feature or access control
• Access accounts, data or systems you are not authorised to access
• Introduce malware, viruses or other harmful code
• Reverse engineer, decompile or disassemble any part of the Systems or Platform
• Reproduce, distribute or commercially exploit any content from the Website without our written consent
• Misrepresent your identity, organisation or regulatory status

5. Payment Terms

All purchases of Avian Pest Control Systems are subject to the following milestone payment schedule. Payments are made in advance at each stage and are non-refundable except as required by law.

Monthly subscription fees for platform access and ongoing services commence from the date of successful field commissioning. Subscriptions are billed in advance and are subject to the subscription terms agreed at the time of purchase.

6. Intellectual Property

All intellectual property rights in the Website, Platform, Systems, software, documentation and content are owned by or licensed to Avian Pest Control. Nothing in these Terms grants you any right, title or interest in our intellectual property except the limited right to use the Website and Platform as expressly permitted by these Terms. See our Copyright Notice for further details.

7. Disclaimer of Warranties

To the maximum extent permitted by law, the Website, Platform and Systems are provided "as is" and "as available" without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

We do not warrant that the Systems will detect all target species, that the Platform will be available without interruption, or that the AI species identification will be 100% accurate in all circumstances. Authorised Operators must exercise independent judgement before granting euthanasia authorisation.

8. Natural System Variability

The APC System operates within a living biological environment. Birds and other wildlife are adaptive organisms — they can and do modify their behaviour in response to changes in their surroundings, including changes to sight, smell, sound and the availability of food or waste. While the System is designed to mitigate these attractants and to manage pest bird populations humanely and at scale, no pest management system can guarantee fixed or permanent outcomes in a natural setting.

Population dynamics, species behaviour, breeding cycles, immigration from adjacent areas and environmental conditions are inherently variable and outside Avian Pest Control's control. Operational results — including population reduction rates, knockdown timeframes and maintenance extraction requirements — may fluctuate over time as the local bird population and environment respond and adapt.

Operators should treat fleet sizing recommendations, population trajectory modelling and performance projections as planning guides rather than guaranteed outcomes. Avian Pest Control recommends periodic site reassessment and fleet review to account for natural variability in system performance.

9. Limitation of Liability

To the maximum extent permitted by law, Avian Pest Control and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages arising from or in connection with your use of the Website, Platform or Systems, including but not limited to loss of profits, data, goodwill or business opportunity.

Our total aggregate liability to you for any claim arising from or in connection with these Terms will not exceed the amount paid by you to Avian Pest Control in the twelve (12) months preceding the claim.

Nothing in these Terms limits liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or liability under the Australian Consumer Law.

10. Indemnification

You agree to indemnify, defend and hold harmless Avian Pest Control and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from or in connection with: your use of the Website, Platform or Systems; your breach of these Terms; your violation of any applicable law or regulation; or any euthanasia event carried out without the required regulatory approvals.

11. Account Suspension and Termination

We may suspend or terminate your operator account at any time if we reasonably believe you have breached these Terms, violated applicable law, or pose a risk to the integrity of our systems or the safety of persons or animals. Upon termination, your right to access the Platform ceases immediately. Operational data and audit logs will be retained in accordance with our Privacy Policy and applicable regulatory requirements.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising from these Terms. If you are a consumer in a jurisdiction with mandatory consumer protection laws, those laws may provide you with additional rights that these Terms cannot override.

13. Changes to These Terms

We may update these Terms from time to time. We will notify registered operators of material changes by email. Continued use of the Website, Platform or Systems after changes take effect constitutes acceptance of the updated Terms.

14. Contact

For questions about these Terms, contact us at [email protected].