The Attention Architect®Adam WilliamsBack

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

(a) Welcome to domain: https://theattentionarchitect.au (Website). The Website provides you with an opportunity to browse the services that The Attention Architect ® offers and provides online resources and tools such as The Attention Tax Calculator™, Mega Focus™ Activities, The Centre of Attention™, links to purchase the book Mega Focus™, as well as AI enabled features such as The Attention Concierge™, which is an AI search bar and AI chatbot to discover more about The Attention Architect ® (Products and Services).

(b) The Website is operated by The Attention Architect Pty Limited (ACN 689 353 615) (us, we, our). Access to and use of the Website, or any of its associated Products or Services, is provided by The Attention Architect Pty Limited. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website or using any of the Products and Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Products and Services, immediately. You must also accept the Terms by clicking to accept or agree to the Terms or our Privacy Policy where this option is made available to you by us on the Website or before using the Products and Services.

(c) The Attention Architect Pty Limited reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. An AI enabled Website

(a) The Website and the Products and Services such as The Attention Tax Calculator™ and The Attention Concierge™ are AI enabled and generate responses automatically using machine learning models. Users should know that in respect of the content generated by the AI enabled technology on the Website and the Products and Services:

(i) That sometimes AI makes mistakes;

(ii) AI outputs do not constitute professional advice (including legal, financial, medical, psychological or other specialist advice); and

(iii) That you must not rely on AI outputs without independently verifying the information or confirming the same with us.

3. Data and Personal Information collected

(a) If you choose to chat with The Attention Concierge™ (the AI search bar and chat bot on our Website), you may or may not choose to provide to us your name, phone number and email address but if you do so, it will be in accordance with our Terms and our Privacy Policy.

(b) To download The Attention Tax Calculator™ report (one of our Products and Services offered on our Website), you must provide your name and email address and first consent to our Terms and our Privacy Policy.

(c) To download the Mega Focus Activities PDF(s), you must provide your name and email address and first consent to our Terms and our Privacy Policy.

(d) Neither your data or Personal information is used to train our AI model. Users should know that the conversation, queries and chat messages that you have with The Attention Concierge™ and the data that you enter into The Attention Tax Calculator™ and any other information you provide on the Website and for any of the Products and Services (User Input) are stored by our application and may be processed by email/hosting providers to deliver The Attention Tax Calculator™ report and that The Attention Concierge™ messages, (including any optional Personal Information) typed into them, may be sent to our third party AI providers as part of the request and conversation context needed to produce an answer and that this is done in accordance with these Terms and our Privacy Policy.

(e) By using the Products and Services, such as The Attention Concierge™ and The Attention Tax Calculator™, you consent to processing by third party AI service providers and email/hosting providers in accordance with our Privacy Policy.

4. Your obligations

(a) You must be at least 18 years old to use the Products and Services. If you use the Website or the Products and Services on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms

(b) You will use Website and the Products and Services on the Website only for purposes that are permitted by:

(i) the Terms; and

(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

(c) You will not input unlawful, harmful, defamatory, discriminatory, or abusive content.

(d) You will not attempt to manipulate, disrupt, or reverse engineer any AI systems, upload malware or attempt to compromise security or bypass or interfere with AI safety filters.

(e) You will not upload or input sensitive Personal Information (e.g., health, financial, government identifiers) into The Attention Concierge™ or The Attention Tax Calculator™ or in to any other Products and Services or elsewhere on the Website.

(f) You agree to immediately notify The Attention Architect Pty Limited of any unauthorised use of your email address or any breach of security of which you have become aware.

(g) Access and use of the Website and the Products and Services is for your use in accordance with the Terms only; you may only use content from the Attention Concierge™ and The Attention Tax Calculator™ for your personal use only or for your internal business purposes only and it is strictly not to be shared with third parties without our prior written consent.

(h) You will not use the Website and the Products and Services for any illegal and/or unauthorised use.

(i) You will not infringe our Intellectual Property Rights;

(j) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice;

(k) You acknowledge and agree that any automated use of the Website or its Products and Services is prohibited.

(l) You warrant that the information that you give us will always be accurate, correct and up to date.

(m) You will not use the AI enabled features on the Website and the Products and Services, (including The Attention Concierge™ and The Attention Tax Calculator™) for illegal activity, or for generating harmful, abusive, defamatory, or discriminatory content, or attempting to manipulate or reverse engineer our or third party AI system, or for uploading sensitive personal information.

5. Copyright and Intellectual Property

(a) The Website, the Products and Services, including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention™, the Mega Focus™ Activities, The Attention Concierge™ and all of the related products and services of The Attention Architect Pty Limited are subject to copyright. The material and Products and Services on the Website is protected by copyright under the laws of Australia and through international treaties. All rights (including copyright) in the site content and compilation of the website, The Attention Tax Calculator™ and the reports generated by it, the Mega Focus™ Activities and The Centre of Attention™ resources, The Attention Concierge™ (including text, reports, responses from the Attention Concierge, graphics, logos, button icons, video images, audio clips, visitor tools and software) (Content) are owned or controlled for these purposes, and are reserved, including rights for text and data mining and training of artificial intelligence technologies or similar technologies, by The Attention Architect Pty Limited or its contributors.

(b) The Attention Architect Pty Limited retains all rights, title and interest in and to the Website, the Products and Services, including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention™ resources and Mega Focus™ Activities and all related content. Nothing you do on or in relation to the Website and the Products and Services, including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention™ and Mega Focus™ Activities and The Attention Concierge™, will transfer to you:

(i) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Attention Architect Pty Limited, including, without limitation, the text and names of the keynotes, workshops, tools and Content on the Website and the Products and Services, including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention™ resources, Mega Focus Activities and the responses of The Attention Concierge™; or

(ii) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design including, without limitation, the keynotes, workshops, tools and Content on the Website and the Products and Services, including The Attention Tax Calculator ™ and the reports generated by it, the Centre of Attention™ resources and Mega Focus™ Activities and The Attention Concierge™; or

(iii) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process) including, without limitation, the keynotes, workshops, tools and Content on the Website and the Products and Services, including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention™ and Mega Focus™ Activities and The Attention Concierge™.

(c) You may not, without the prior written permission of The Attention Architect Pty Limited and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose, including The Attention Tax Calculator™ and the reports generated by it, Mega Focus™ Activities PDF(s) and The Attention Concierge™ responses. You may however link to our Website provided that The Attention Architect Pty Limited is properly and clearly credited as the copyright owner of the Content.

(d) Subject to the terms and conditions in this clause 5, we grant you a non-exclusive, nontransferable, non-sublicensable and revocable license to permit you to access and use Mega Focus ™ Activities PDF and the report generated by The Attention Calculator™ on your personal computer for your personal use only, or your organisation’s internal computer network only, for your internal business purposes only, and they are strictly not to be shared with third parties without our prior written consent.

(e) When you access and use The Attention Concierge™ or The Attention Tax Calculator™ or Mega Focus Activities or for any Product and Service on the Website that requires your User Input, you grant us a perpetual, royalty-free, world-wide, unconditional, transferable and irrevocable licence to use your User Input to store, analyse, or reuse your User Input in a de-identified format for our research and marketing purposes.

6. Privacy

The Attention Architect Pty Limited takes your privacy seriously and any information provided through your use of the Website and/or the Products and Services are subject to The Attention Architect Pty Limited's Privacy Policy, which is available on the Website here.

7. Website Disclaimer

(a) All care is taken in the preparation of the information and published materials on this Website and the Products and Services, including AI enabled content and answers generated by The Attention Tax Calculator™ and The Attention Concierge™ as detailed in clause 2 of these Terms. The Attention Architect Pty Limited does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, The Attention Architect Pty Limited Pty Ltd will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

(b) This site may contain hypertext links, frames or other references to other parties and their websites. The Attention Architect Pty Limited cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. The Attention Architect Pty Limited does not necessarily approve of, endorse, or sponsor any content or material on such sites. The Attention Architect Pty Limited make no warranties or representations that material on other websites to which this Website is linked does not infringe the intellectual property rights of any person anywhere in the world. The Attention Architect Pty Limited does not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this Website to such material on other sites. If you have any concerns regarding the content of the Website, please contact The Attention Architect Pty Limited at adam@theattentionarchitect.au or chat@megafocusbook.com

8. General Disclaimer

(a) You acknowledge that The Attention Architect Pty Limited does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products and Services including AI enabled content and answers generated by The Attention Tax Calculator™ and The Attention Concierge™ as detailed in clause 2 of these Terms, other than provided for pursuant to these Terms.

(b) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(c) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) The Attention Architect Pty Limited will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products and Services or the Website or these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(d) Use of the Website and the Products and Services of The Attention Architect Pty Limited, is at your own risk. Everything on the Website and the Products and Services of The Attention Architect Pty Limited, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Attention Architect Pty Limited make any express or implied representation or warranty about its Content or any of its Products and Services referred to on the Website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Products and Services including The Attention Tax Calculator™ and the reports generated by it, the Centre of Attention ™, the Mega Focus Activities and the responses of The Attention Concierge™, or any of its Content (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website or any of the Products and Services;

(iv) the Content or operation in respect to links which are provided for the user's convenience; or

(v) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct; or

(vi) offensive or harmful content generated by the AI enabled features of the Website and the Products and Services including The Attention Concierge™ and The Attention Tax Calculator™ and the reports generated by it.

(vii) user misuse of the AI enabled features of the Website and the Products and Services including The Attention Concierge™ and The Attention Tax Calculator™ and the reports generated by it.

9. Limitation of Liability

(a) The Attention Architect Pty Limited's total liability arising out of or in connection with the Products and Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, and including reliance on any AI enabled features with respect to the Website and Products and Services, will not exceed the most recent purchase price paid by you under these Terms for any of the Products and Services or where you have not paid any purchase price, then the total liability of The Attention Architect Pty Limited is the resupply of information or the Products and Services to you.

(b) You expressly understand and agree that The Attention Architect Pty Limited, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c) The Attention Architect Pty Limited is not responsible or liable in any manner for any site content (including the Content and Third Party Content or AI generated Content) posted on the Website or in connection with the Products and Services, whether posted or caused by users of the website of The Attention Architect Pty Limited, by third parties or by any of the Products and Services offered by The Attention Architect Pty Limited.

10. Indemnity

(a) You agree to indemnify The Attention Architect Pty Limited, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through or from the Website or Products and Services;

(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or the Products and Services or attempts to do so and any breach by you or your agents of these Terms; and/or

(iii) any breach of the Terms.

11. Dispute Resolution

11.1. Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

11.2. Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

11.3. Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(ii) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the

Law Society of New South Wales or his or her nominee;

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

11.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

11.5. Termination of Mediation

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

12. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website or Products and Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

13. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms or Website or Products and Services and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

14. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.