Website Terms of Use

WEBSITE TERMS OF USE

Awaykon Pty Ltd

Effective 01 July 2026 | Version 1.0

These Website Terms of Use (Terms) govern your access to and use of the website located at awaykon.com (Website), which is operated by Awaykon Pty Ltd (ACN 694 194 628 / ABN 17 694 194 628) (we, us or our).

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Website.

In these Terms, you and your refers to you as a user of the Website.

OPERATIVE PROVISIONS

1. Definitions and interpretation

Definitions

In these Terms, the following definitions apply:

Interpretation

In these Terms, unless the context otherwise requires:

• 1. headings are for convenience only and do not affect interpretation;
  2. the singular includes the plural and vice versa;
  3. a reference to a person includes a corporation, partnership, joint venture, association, government body, or other entity;
  4. a reference to a statute, regulation, or other law includes all amendments, consolidations, and replacements;
  5. a reference to writing includes email; and
  6. where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.

2. Acceptance of these terms

1. By accessing, browsing, or otherwise using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. If you are accessing the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, you and your refers to that entity.
3. We may require you to agree to additional terms and conditions that apply to specific features, services, or Promotions available through the Website. Any such additional terms supplement and are to be read together with these Terms.

3. Access to the website

1. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for your personal, non-commercial purposes, subject to these Terms.
2. We do not guarantee that the Website will be available at all times or that access will be uninterrupted, timely, secure, or error-free. We may suspend, restrict, or discontinue the Website (in whole or in part) at any time without notice to you.
3. You are responsible for making all arrangements necessary for you to access the Website, including obtaining a suitable internet connection and any hardware or software required to access and use the Website.
4. We may, at our sole discretion, restrict or terminate your access to the Website at any time if we reasonably believe you have breached these Terms or for any other reason we consider appropriate, without liability to you.

4. Subscription and account access

1. Certain features of the Website, including access to AI Guidance Content and affiliated talent or celebrity personas, are available exclusively to users with a valid Subscription (Subscription Features).
2. To access Subscription Features, you may be required to create an account and provide accurate registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.
3. Subscription plans, pricing, billing cycles, and any applicable free trial terms are as described on the Website from time to time. By subscribing, you authorise us to charge the applicable fees to your nominated payment method.
4. If you cancel your Subscription, you will retain access to Subscription Features until the end of the then-current billing period. We do not provide refunds for unused portions of a Subscription period, except where required by the Australian Consumer Law.
5. We reserve the right to modify, suspend, or discontinue any Subscription plan or Subscription Feature at any time. Where we make a material change to Subscription Features, we will use reasonable endeavours to provide advance notice to affected subscribers.

5. Intellectual property

1. All Intellectual Property in and to the Website and its Content (including text, graphics, logos, images, software, and the design, selection, and arrangement of those materials) is owned by or licensed to us. Nothing in these Terms transfers any Intellectual Property to you.
2. You must not, without our prior written consent:
   1. reproduce, copy, distribute, republish, download, display, post, or transmit any Content, except as permitted by these Terms;
   2. modify, adapt, translate, reverse engineer, decompile, or disassemble any part of the Website;
   3. create derivative works based on the Website or any Content;
   4. frame or mirror any part of the Website on any other website or platform; or
   5. use any data mining, robots, scraping, or similar data gathering or extraction methods on the Website.
3. You may view and print Content from the Website for your own personal, non-commercial use, provided that you do not remove or alter any copyright, trade mark, or other proprietary notices.

6. User conduct

1. When using the Website, you must:
   1. comply with all applicable laws, regulations, and these Terms;
   2. not use the Website for any unlawful, fraudulent, or harmful purpose;
   3. not transmit any material that is defamatory, offensive, obscene, threatening, harassing, or otherwise objectionable;
   4. not introduce any virus, trojan horse, worm, logic bomb, or other material that is malicious or technologically harmful;
   5. not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; and
   6. not interfere with or disrupt the integrity or performance of the Website.
2. We reserve the right to investigate any suspected breach of this clause 6 and to take any action we consider appropriate, including reporting suspected unlawful activity to relevant law enforcement authorities.

7. Disclaimers

1. The Website and its Content are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all representations, warranties, and conditions of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Without limiting clause 7.1, we do not warrant or represent that:
   1. the Content on the Website is accurate, complete, reliable, current, or free from errors;
   2. the Website will be available without interruption or that any defects will be corrected;
   3. the Website or the server that makes it available are free of viruses or other harmful components; or
   4. the results obtained from the use of the Website will be accurate or reliable.
3. Any Content provided on the Website, including AI Guidance Content, is for general informational and spiritual wellbeing purposes only and does not constitute professional advice of any kind, including medical, psychological, mental health, financial, or legal advice. You should not rely on any Content as a substitute for obtaining appropriate professional advice from a qualified practitioner.
4. AI Guidance Content is generated by automated systems and reflects patterns drawn from data. It is not produced by, and does not represent the views or recommendations of, a medical, psychological, or other licensed professional. We make no representation that AI Guidance Content is suitable for your individual circumstances. You accept full responsibility for any decisions you make in reliance on AI Guidance Content.
5. References to celebrities, talent, or affiliated personas on the Website are for entertainment and spiritual inspiration purposes only. Any statements, guidance, or content attributed to such personas are not personal statements made by the individual to whom they are attributed and do not represent that person's actual views or recommendations.
6. AI persona disclaimer requirements. Where you access AI persona features through the Website, we are required to display a mandatory disclosure to you in the following manner: (a) you will be presented with a standalone AI disclosure acknowledgement at account creation or first access, which you must actively accept before engaging with any AI persona for the first time; (b) a disclosure will be presented to you at the commencement of each new chat or interaction session; and (c) a persistent disclosure mechanism (such as an information icon or header notice) will remain accessible to you throughout each session without requiring you to navigate away from the conversation window. By continuing to access AI persona features after accepting the disclosure at account creation, you confirm that you understand and accept that you are interacting with an artificial intelligence construct and not with the actual celebrity or talent person on whom the AI persona is based.
7. User-generated attempts to circumvent content safeguards. If you attempt to manipulate, jailbreak, or use adversarial prompting techniques to cause an AI persona to generate content that would not be produced under the Platform’s normal operation, any AI output generated as a direct result of your conduct is produced entirely at your own risk. We accept no liability for any such output, and you may be held responsible for any harm, loss, or liability caused to us, to the relevant celebrity or talent, or to any third party as a result of your conduct.

8. Limitation of liability

1. To the maximum extent permitted by law, we exclude all liability (whether in contract, tort (including negligence), statute, or otherwise) for any Loss arising out of or in connection with your access to or use of the Website, including any Loss arising from:
   1. any errors, omissions, or inaccuracies in the Content;
   2. any interruption or cessation of the Website;
   3. any viruses or other harmful components transmitted through the Website;
   4. any unauthorised access to or use of our servers or any personal information stored on them;
   5. any reliance on AI Guidance Content or any decisions made on the basis of AI Guidance Content; or
   6. any Third Party Content accessed through or linked from the Website.
2. To the extent that our liability cannot be excluded by law, our total aggregate liability to you for all claims arising out of or in connection with the Website is limited to the greater of: (a) the total Subscription fees (if any) paid by you in the three months preceding the relevant claim; and (b) $100.
3. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

9. Third party links

1. The Website may contain links to third party websites, resources, or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services.
2. The inclusion of any link on the Website does not imply our endorsement, sponsorship, or recommendation of the linked website or any association with its operators.
3. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any Loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.

10. Privacy

1. We collect, use, and disclose personal information in accordance with our Privacy Policy, which is available at awaykon.com/legal/privacy. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.
2. Our Privacy Policy forms part of these Terms. If there is any inconsistency between these Terms and the Privacy Policy in relation to the handling of your personal information, the Privacy Policy prevails to the extent of the inconsistency.

11. Promotions and competitions

1. From time to time, we may make available promotions, competitions, giveaways, or prize draws through or in connection with the Website (Promotions).
2. All Promotions are subject to separate terms and conditions that will be made available at the time of the relevant Promotion. In the event of any inconsistency between these Terms and the Promotion-specific terms and conditions, the Promotion-specific terms and conditions prevail to the extent of the inconsistency.
3. Unless expressly stated otherwise in the applicable Promotion terms and conditions, Promotions are open to Australian residents only, are not offered, sponsored, or administered by any social media platform, and may be subject to applicable state or territory permit requirements.

12. Modifications to these terms

1. We reserve the right to amend, modify, or replace these Terms at any time at our sole discretion. Any changes will be effective immediately upon posting the updated Terms on the Website.
2. It is your responsibility to review these Terms periodically. Your continued use of the Website after any changes to these Terms constitutes your acceptance of the revised Terms.
3. If we make any material changes to these Terms, we will use reasonable endeavours to provide notice by posting a prominent notice on the Website or by other appropriate means.

13. Force majeure

1. We are not liable for any failure or delay in making the Website available or performing any obligation in connection with these Terms to the extent that the failure or delay is caused directly by a Force Majeure Event, provided that:
   1. we use reasonable endeavours to minimise the impact of the Force Majeure Event and to resume normal service as soon as practicable; and
   2. the failure or delay is not attributable to our negligence, wilful misconduct, or failure to take reasonable precautions.
2. If a Force Majeure Event prevents us from making the Website available for a continuous period of more than 60 days, we may discontinue the Website (in whole or in part) without liability to you.
3. For the purposes of these Terms, Force Majeure Event means any event or circumstance beyond our reasonable control, including:
   1. acts of God, flood, earthquake, storm, cyclone, or other natural disaster;
   2. epidemic, pandemic, or public health emergency declared by a government authority;
   3. war, invasion, acts of terrorism, riot, or civil unrest;
   4. government action, law, regulation, order, or embargo;
   5. failure of third party infrastructure, including telecommunications or power networks; and
   6. cyberattack, distributed denial of service attack, or other malicious interference with digital infrastructure.
4. For the avoidance of doubt, a Force Majeure Event does not include financial difficulty or inability to pay.

14. General

1. Governing Law: These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals from those courts.
2. Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed from these Terms and the remaining provisions will continue in full force and effect.
3. Waiver: A failure or delay by us in exercising any right, power, or remedy under these Terms does not operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right or any other right, power, or remedy.
4. Entire Agreement: These Terms, together with our Privacy Policy and any additional terms referred to in these Terms, constitute the entire agreement between you and us in relation to your use of the Website and supersede all prior agreements, representations, and understandings.
5. Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any third party without your consent.
6. Contact: Awaykon Pty Ltd can be contacted at ⁠support@awaykon.com or by writing to Level 10, 369 Royal Parade, Parkville VIC 3052.