Terms of Service

These Terms of Service ("Terms") govern your use of the Enigma Global Technologies website (enigmaglobal.co) and any services provided by Enigma Global Technologies Pty Ltd ("Enigma", "we", "us", "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

1. Services

Enigma provides AI workforce deployment, software development, and ongoing AI optimisation services (the "Services") as described on our website and in any Statement of Work (SOW) or service agreement executed between us.

The specific scope, deliverables, timelines, pricing, and success metrics for any engagement will be documented in a SOW or Engagement Agreement, which forms part of these Terms and takes precedence over any conflicting provisions herein in respect of that specific engagement.

2. Use of Our Website

You may use our website for lawful purposes only. You agree not to:

• Use the website in any way that violates applicable laws or regulations
• Attempt to gain unauthorised access to any part of the website or its infrastructure
• Transmit any unsolicited commercial communications or malicious code
• Scrape, reproduce, or commercially exploit any content from the website without our written consent
• Impersonate Enigma, our team members, or any other person or entity

3. Intellectual Property

3.1 Our IP

All content on the Enigma website — including text, graphics, logos, the BOB Framework methodology, and software — is the property of Enigma Global Technologies Pty Ltd and is protected by Australian copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

3.2 Deliverable IP

Unless otherwise agreed in writing, IP ownership of software, AI systems, and other custom deliverables developed for a client engagement will be set out in the relevant SOW or Engagement Agreement. Enigma retains ownership of its underlying frameworks, methodologies, tools, and pre-existing IP incorporated into any deliverable.

3.3 Client Data

Any data, content, or materials you provide to Enigma for the purpose of delivering services remain your property. You grant Enigma a limited licence to use such materials solely to deliver the agreed services. We will not use your data for any other purpose without your written consent.

4. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

5. Payment Terms

Unless otherwise specified in a SOW or Engagement Agreement:

• Monthly retainers are invoiced in advance at the start of each calendar month
• Project fees are invoiced as agreed in the relevant SOW (typically 50% upfront, 50% on completion or milestone)
• Invoices are payable within 14 days of issue
• Late payments may incur interest at the rate of 2% per month on the overdue amount
• All fees are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated

6. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law and other applicable law:

• Enigma's total aggregate liability to you for all claims arising out of or in connection with these Terms or any services shall not exceed the total fees paid by you to Enigma in the 12 months preceding the claim
• Enigma shall not be liable for any indirect, incidental, special, or consequential damages, including loss of revenue, profits, or data
• Enigma does not warrant that AI systems or services will be error-free or uninterrupted, but commits to reasonable remediation efforts as part of any managed service engagement

Nothing in these Terms limits any rights you may have under the Australian Consumer Law that cannot be excluded.

7. Warranties

Enigma warrants that:

• It will perform services with reasonable care and skill
• It has the right to provide the services and grant any licences described herein
• Services will materially conform to the specifications in the applicable SOW

The website is provided "as is" without warranty of any kind. We do not warrant that the website will be available at all times or free from errors.

8. Termination

Either party may terminate an engagement by providing 30 days written notice, unless a different notice period is specified in the relevant SOW. Upon termination, you remain responsible for all fees incurred up to the termination date. Enigma will provide reasonable assistance with knowledge transfer for a period of up to 14 days after termination.

9. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute is not resolved within 30 days, either party may refer the matter to mediation before the Australian Disputes Centre (ADC). If mediation is unsuccessful, the dispute may be referred to the courts of Victoria, Australia.

10. Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these Terms.

11. Changes to These Terms

We may update these Terms from time to time. The effective date at the top of this page reflects the most recent update. Continued use of our website or services after any changes constitutes your acceptance of the updated Terms. For material changes affecting existing service agreements, we will provide reasonable notice.

12. General

• Entire agreement: These Terms, together with any applicable SOW or Engagement Agreement, constitute the entire agreement between you and Enigma regarding the subject matter herein.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

13. Contact Us

For any questions about these Terms, please contact:

Anthony Gavin
Founder & CEO, Enigma Global Technologies Pty Ltd
Email: anthony.gavin@enigmaglobal.co
Melbourne, Victoria, Australia