1. Acceptance of Terms
By accessing or using the Lyndium platform (lyndium.com.au), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the platform. We may update these terms at any time; continued use of the platform following any changes constitutes your acceptance of the revised terms.
2. Ownership of Uploaded Content
You retain ownership of any original content you upload to Lyndium. By uploading content, you grant Lyndium a non-exclusive, worldwide, royalty-free licence to store, process, and display your content solely for the purpose of providing the platform's services to you. Lyndium may use anonymised, aggregated data derived from platform usage to improve our AI models and services. We will not use your identifiable content for advertising or marketing without your explicit consent.
3. Privacy
Your use of Lyndium is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Lyndium, you consent to the collection and use of your information as described in the Privacy Policy. We take data protection seriously and comply with applicable Australian privacy laws and, where relevant, the GDPR for European users.
4. Prohibited Content
You agree not to upload, generate, or distribute content that: (a) contains violence, graphic imagery, sexual content, or explicit nudity; (b) violates any applicable law or regulation; (c) infringes the intellectual property rights of any third party; (d) is defamatory, harassing, or hateful; (e) promotes illegal activity or harm to any person or group; or (f) contains malware, viruses, or other malicious code. Lyndium reserves the right to remove any content that violates these guidelines without notice and to suspend or terminate accounts of repeat offenders.
5. User Responsibility
You are solely responsible for all content you create, upload, or distribute through Lyndium, and for your use of any AI-generated content produced by the platform. You must ensure that you have all necessary rights, licences, and permissions for any input material you provide to Lyndium's AI tools. Lyndium may remove content that violates these terms, infringes third-party rights, or violates applicable laws, and may do so without prior notice.
6. Intellectual Property Rights
The Lyndium platform, including its software, design, trademarks, and content created by Lyndium, is the property of Lyndium and is protected by Australian and international intellectual property laws. You may not reproduce, modify, distribute, or create derivative works from Lyndium's proprietary content without our express written permission. AI-generated outputs created using Lyndium's tools may be used by you for personal or commercial purposes in accordance with your subscription plan, subject to the restrictions in these terms and any applicable third-party model licences.
7. Indemnification
You agree to indemnify, defend, and hold harmless Lyndium, its directors, employees, contractors, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: (a) your use of the platform; (b) content you upload or generate; (c) your violation of these terms; or (d) your violation of any third-party rights. This indemnification obligation will survive termination of your account.
8. Limitation of Liability
To the maximum extent permitted by law, Lyndium shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the platform. Our total liability to you for any claim arising out of or relating to these terms or your use of Lyndium shall not exceed the amount you have paid to Lyndium in the twelve months preceding the claim.
9. Modification of Terms
Lyndium reserves the right to modify these Terms and Conditions at any time. We will provide reasonable notice of significant changes by posting the updated terms on our website and, where appropriate, by notifying you via email. Changes take effect immediately upon publication unless otherwise stated. It is your responsibility to review these terms periodically. Your continued use of the platform after changes are posted constitutes your acceptance of the revised terms.
10. Governing Law
These Terms and Conditions are governed by the laws of the state of New South Wales, Australia. Any dispute arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
