Terms of Service

1. About MineGuard AI

MineGuard AI provides specialist AI-enabled software and services for safety, risk, incident investigation, critical control management, safety and health management system review, compliance support, assurance, and operational learning.

Our products may include Incident AI, SHMS AI, Critical Risk AI, Critical Control AI, Field Leadership AI, and related consulting, training, configuration, support, and implementation services.

MineGuard AI is designed to assist competent people and organisations. It does not replace statutory responsibilities, professional judgement, operational decision-making, engineering review, legal advice, medical advice, regulator approvals, or site-based safety governance.

2. Eligibility and authority

You may use our website and services only if you are legally able to enter into these Terms; comply with these Terms and all applicable laws; provide accurate information where requested; have authority to act on behalf of your organisation, where relevant; and use MineGuard AI only for lawful business, professional, safety, risk, compliance, assurance, or related purposes.

3. Website use

The content on our website is provided for general information only. Website content is not safety advice, legal advice, engineering advice, medical advice, financial advice, or a substitute for professional review. You should not rely on website content as the sole basis for operational, safety, legal, regulatory, commercial, or technical decisions.

4. Accounts and access

Some services require an account. You are responsible for keeping login details secure; using strong authentication practices; ensuring only authorised users access the service; promptly notifying us of suspected unauthorised access; and ensuring your users comply with these Terms.

You must not share login credentials, bypass access controls, impersonate another person, or attempt to access another customer's environment, data, or system.

5. Customer data and uploaded content

"Customer Data" means information, files, documents, evidence, prompts, images, videos, audio, records, reports, procedures, standards, risk registers, incident materials, and other content submitted or uploaded through MineGuard AI.

You retain ownership of Customer Data, subject to any rights owned by third parties. You grant MineGuard AI a limited right to host, store, process, and use Customer Data only as reasonably necessary to provide the services, comply with applicable law, and perform functions requested by you.

You are responsible for ensuring that Customer Data is lawful, accurate, relevant, appropriate, and authorised for upload and processing through MineGuard AI.

6. Sensitive safety, health, and investigation information

MineGuard AI may be used to process safety-critical, incident, health, injury, witness, employment, operational, compliance, or other sensitive information. You are responsible for ensuring that sensitive information is handled in accordance with applicable laws, workplace obligations, privacy requirements, and evidence management practices.

7. AI-assisted outputs

AI outputs are assistive only. They may be incomplete, inaccurate, outdated, inconsistent, biased, unsuitable, or not applicable to your specific site, jurisdiction, risk profile, or legal obligations.

You are responsible for reviewing, validating, editing, approving, or rejecting AI outputs before use; checking outputs against source evidence, legislation, and operational realities; ensuring appropriate professional or regulatory review where required; and ensuring that decisions remain under human control.

MineGuard AI does not guarantee that AI outputs will identify every hazard, risk, control gap, compliance issue, causal factor, or corrective action.

8. No training of public models on Customer Data

MineGuard AI does not use Customer Data to train public AI models or third-party foundation models. Where approved AI, hosting, or infrastructure providers are used, they are used to provide the requested services and are subject to contractual and technical controls appropriate to the service.

9. Acceptable use

You must use MineGuard AI responsibly and lawfully. You must not use MineGuard AI for unlawful, fraudulent, misleading, harmful, abusive, discriminatory, defamatory, or malicious purposes; upload content you do not have the right to use; attempt to gain unauthorised access to systems, models, or security controls; reverse engineer or scrape the service except as permitted by law; interfere with service availability, integrity, or security; or rely on AI outputs as the sole basis for safety-critical, disciplinary, employment, medical, legal, or regulatory decisions.

10. Product demonstrations, pilots, trials, and beta features

Unless otherwise agreed in writing: demos, trials, pilots, and beta features are provided for evaluation only; access may be time-limited or withdrawn; outputs may not be suitable for operational use; beta features may be incomplete or discontinued; and you must not upload live operational, sensitive, confidential, personal, or regulated information into a demo or trial environment unless expressly agreed.

11. Subscriptions, fees, and payment

Paid access to MineGuard AI is subject to the applicable proposal, order form, or subscription agreement. Unless otherwise agreed in writing: fees are payable in accordance with invoice or order terms; taxes including GST may apply; access may be suspended for overdue amounts after reasonable notice; subscription fees are generally non-refundable except as required by law; and additional fees may apply for implementation, configuration, support, or consulting services.

12. Integrations and third-party services

MineGuard AI may connect with third-party services, platforms, infrastructure, models, APIs, or customer systems. We are not responsible for third-party services not controlled by MineGuard AI, including their availability, security, accuracy, or data handling. Where you authorise an integration, you are responsible for ensuring that the permissions and data flows are appropriate for your organisation.

13. Intellectual property

MineGuard AI and its licensors own all rights in and to the website, software, products, platform, design, user interface, workflows, templates, prompts, system instructions, databases, models, logic, processes, methodologies, know-how, documentation, code, trade marks, branding, and other materials developed or supplied by MineGuard AI, except Customer Data.

Subject to your compliance with these Terms, MineGuard AI grants you a limited, non-exclusive, non-transferable, revocable right to access and use the service for your authorised business purposes.

14. Feedback and suggestions

If you provide feedback, ideas, or suggestions about MineGuard AI, you grant us a royalty-free, worldwide, perpetual, irrevocable right to use that feedback to improve, develop, market, and commercialise our products and services.

15. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business, technical, financial, operational, product, pricing, customer, security, safety, incident, investigation, risk, compliance, software, prompt, workflow, or strategic information that is identified as confidential or would reasonably be understood to be confidential. Each party must protect the other party's confidential information using reasonable care.

16. Privacy

Our handling of personal information is described in our Privacy Policy. By using MineGuard AI, you acknowledge that personal information may be collected, used, stored, disclosed, and otherwise handled in accordance with our Privacy Policy and any applicable customer agreement.

17. Security and incident reporting

You must promptly notify MineGuard AI if you become aware of unauthorised access to an account or environment; compromised credentials; incorrect or unauthorised uploads; inappropriate sharing of outputs or exports; suspected security vulnerabilities; or any privacy, data, or security incident involving MineGuard AI.

18. Service availability and changes

We aim to provide reliable services, but we do not guarantee uninterrupted or always-available access unless expressly agreed in a separate written agreement. We may modify, improve, replace, discontinue, or remove features from time to time.

19. Disclaimers

To the maximum extent permitted by law, MineGuard AI provides the website and services on an "as is" and "as available" basis, except as expressly stated in a written agreement. We do not warrant that AI outputs will be complete, accurate, unbiased, current, defensible, or fit for every purpose, or that all hazards, risks, causes, controls, legal obligations, or compliance issues will be identified.

20. Australian Consumer Law

Where the Australian Consumer Law or other non-excludable laws apply, you may have rights and remedies that cannot be excluded. To the extent permitted by law, our liability for breach of any non-excludable guarantee is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

21. Limitation of liability

To the maximum extent permitted by law, MineGuard AI is not liable for indirect, consequential, special, incidental, or punitive loss; loss of profit, revenue, opportunity, goodwill, or business interruption; decisions made in reliance on AI outputs without appropriate human review; customer system failures or integration errors; or matters outside our reasonable control.

To the maximum extent permitted by law, MineGuard AI's aggregate liability is limited to the amount paid by the relevant customer to MineGuard AI for the affected service in the 12 months before the event giving rise to the claim.

22. Indemnity

To the maximum extent permitted by law, you indemnify MineGuard AI against losses, claims, damages, liabilities, costs, and expenses arising from your breach of these Terms; your unlawful use of the services; Customer Data you upload without proper authority; your misuse of AI outputs; or claims made by third parties arising from your use of the services, except to the extent caused by MineGuard AI's breach of these Terms, negligence, fraud, or wilful misconduct.

23. Suspension and termination

We may suspend, restrict, or terminate access to the website or services if we reasonably believe you have breached these Terms or an applicable customer agreement; your use creates a security, legal, operational, or safety risk; fees are overdue; or the service is discontinued or materially changed. Paid subscriptions may only be terminated in accordance with the applicable written agreement.

24. Electronic communications

You agree that we may communicate with you electronically, including by email, website notices, in-product notices, or other digital methods. You are responsible for keeping contact details accurate and monitoring communications sent to the relevant email address.

25. Publicity and references

Unless otherwise agreed in writing, we will not publicly use a customer's name, logo, case study, testimonial, or implementation details in marketing materials without permission.

26. Export controls and sanctions

You must not use MineGuard AI in breach of applicable export controls, sanctions, restricted-party rules, or trade laws. You must not provide access to the service to any person or organisation that is prohibited from receiving the service under applicable law.

27. Changes to these Terms

We may update these Terms from time to time. Your continued use of the website or services after updated Terms take effect means you accept the updated Terms.

28. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth courts of Australia. Before commencing formal proceedings, the parties should first attempt to resolve disputes in good faith through discussion between authorised representatives.

29. General

If any part of these Terms is invalid or unenforceable, that part will be read down or severed and the remaining parts will continue in force. A failure or delay in enforcing a right does not waive that right. You must not assign or transfer your rights or obligations under these Terms without our prior written consent. These Terms do not create a partnership, joint venture, employment, or agency relationship.

30. Contact us

MineGuard Solutions Pty Ltd trading as MineGuard AI
Email: contact@mineguard-ai.com
Location: Brisbane, Queensland, Australia