Empirical AI

Terms of Service

Last Updated: July 2026

Governing Jurisdiction: New South Wales, Australia

Welcome to Empirical AI. This website and our proprietary AI-enabled analysis platform, systems, models, and workflows (collectively referred to as "the Factory") are owned and operated by Empirical AI Pty Ltd (ACN: 684 944 027).

By accessing our website, creating an account, or utilising the Factory to generate analytical outputs or reports (each a "Report"), you agree to be bound by these Terms of Service. If you are entering into this agreement on behalf of a company or other legal entity (such as an independent consultancy), you represent that you have the authority to bind that entity to these terms, in which case "you" or "user" shall refer to that entity.

1. Scope of Service and Disclaimers

  • Analytical Support Only: Empirical AI provides AI-enabled analysis, data modelling, and informational outputs through its proprietary systems and workflows. Empirical AI is a technology platform and does not provide legal, financial, accounting, regulatory, or professional advice. Reports are designed to support, and not replace, the judgement, verification, and advice of an appropriately qualified Consultant.
  • No Reliance or Guarantees: All Reports and insights are provided on an "as is" and "as available" basis. You acknowledge that you are solely responsible for any advice, interpretations, conclusions, or implementation strategies delivered to your clients. Empirical AI must never be represented to your clients as a professional guarantor of suitability.

2. Factory Access and Mandatory Accreditation

  • Accreditation Condition: Access to the Factory dashboard and Report generation tools is strictly conditional upon your completion of mandatory Empirical AI training and active certification.
  • Annual Renewal: To maintain Factory access, users must complete annual refresher training, assessments, and compliance checks, subject to an annual accreditation fee of $1,500 exclusive of GST per person unless otherwise varied by Empirical AI.
  • Immediate Suspension or Termination of Access: Empirical AI reserves the right to immediately suspend or terminate your dashboard access without notice if your accreditation lapses or if you fail to pass mandatory compliance checks. Inappropriate usage of reports may also meet with contract suspension or termination. Where the matter is reasonably capable of remedy and no urgent risk exists, Empirical AI will provide notice and a reasonable opportunity to rectify the issue before terminating access.

3. Intellectual Property and Factory Restrictions

  • Factory Ownership: Empirical AI retains exclusive ownership of all intellectual property rights worldwide in relation to the Factory, including its algorithms, software code, user interface, templates, workflows, and system architecture. You acquire no ownership rights or title by accessing the website.
  • Prohibited Actions: You must not, under any circumstances:
    • Extract, copy, clone, or replicate the Factory or its underlying methodologies.
    • Reverse engineer, decompile, or attempt to derive the source code of the Factory.
    • Share user account credentials or permit unaccredited personnel to generate Reports.
  • User-Uploaded Methodologies: Any proprietary intellectual property or methodologies uploaded by you that are legally yours or licensed to you from a third party remain your property. Empirical AI will not use your distinct proprietary IP without your express written agreement.

4. Data Ownership and Use

  • Uploaded data: You or your client retain ownership of everything uploaded to the Factory. You grant Empirical AI a limited right to process it solely to provide the services. No ownership transfers to Empirical AI.
  • Empirical AI work: Empirical AI owns the analyses, findings, scores, interpretations, Reports and new data produced by the Factory. This does not include the original uploads or any advice, recommendations, annotations, branding or other content you add, which remain yours.
  • Factory improvement: Empirical AI may use new data produced by the Factory to train, test and improve the Factory, and for research or industry reporting, only after it has been de-identified and aggregated so that no client or individual can reasonably be identified and the original uploads cannot reasonably be reconstructed.
  • Data protection: Empirical AI will not sell, rent, licence or disclose anything uploaded to the Factory, or data produced from it, as a dataset or standalone asset. It will not use original uploads or personal information to train any AI model. Information may be shared only with service providers required to deliver the services, subject to confidentiality and data-protection obligations, or where required by law.

5. Permitted Use and Co-Branding of Reports

  • Authorised Client Delivery: Subject to payment of applicable fees and continuing compliance with these Terms, accredited users are granted a revocable, non-exclusive licence to download Reports in electronic format for the sole purpose of delivery to their clients.
  • Co-Branding Rules: You may apply your own corporate logo to the Report in tandem with Empirical AI branding but may not remove the Empirical AI branding.
  • Prohibition on Manipulation: You are strictly prohibited from altering, editing, or truncating Report contents to misrepresent the Factory's findings, evidence, limitations, or conclusions. You must never remove Empirical AI attribution or represent the technical analysis as solely your own proprietary work. You may add your own branding, executive summary, professional interpretation, recommendations, annotations, or client-specific content, provided those additions are clearly identified as the Consultant’s work and do not obscure or misstate Empirical AI’s analysis.

6. Mandatory Client-Facing Disclosure

As an absolute condition of using the Factory and distributing its outputs, you must include the following disclosure text verbatim across every proposal, engagement letter, statement of work, or presentation where an Empirical AI Report is referenced or relied upon. It must be clearly visible and cannot be hidden in fine print:

Use of Empirical AI Analysis

“This engagement utilises analytical reports and outputs generated using Empirical AI Pty Ltd’s proprietary technology. Empirical AI does not provide legal, financial, accounting, regulatory, or professional advice to the client and has no direct contractual relationship with the client.

All interpretations, recommendations, conclusions, and advice provided to the client are the sole responsibility of the Consultant.

Empirical AI’s role is limited to providing analytical and informational outputs based on data supplied. Empirical AI does not warrant the completeness, suitability, or application of those outputs for the client’s specific circumstances.

Any reliance placed on the Consultant’s advice is at the client’s own discretion and risk.”

7. Commercial Fees and Payments

  • Pay-per-Report: Factory access fees are tracked and charged per generated Report according to business scale: AUD $3,000 plus GST per SME Report, with fees for larger organisations starting at AUD $5,000 plus GST.
  • Payment Terms: All Factory fees are exclusive of GST and are strictly payable in advance of downloading or generating the final electronic Report output.

8. Limitation of Liability and Indemnity

  • Exclusion of Warranties: To the maximum extent permitted under the Australian Consumer Law, Empirical AI excludes all implied warranties and shall not be liable for any indirect, consequential, or economic loss arising from your use of the Factory. The Factory and its Reports are provided on an “as is” and “as available” basis, and Empirical AI excludes all warranties, representations, and conditions not expressly stated in these Terms. To the maximum extent permitted by law, Empirical AI is not liable for indirect or consequential loss, loss of opportunity, loss of profit, loss of revenue, loss of goodwill, or loss arising from decisions made without appropriate human review and professional verification.
  • Liability Cap: Empirical AI’s total aggregate liability for any claim under these terms is strictly capped at the total amount of Factory fees paid by you in the twelve (12) months preceding the claim.
  • Indemnity: You agree to fully indemnify, defend, and hold harmless Empirical AI Pty Ltd against all claims, losses, damages, and legal costs arising directly from your client-facing advice, your misrepresentation of Factory outputs, or your breach of these website terms.

9. Breach, Termination, and Jurisdiction

  • Material Breach: Any unauthorised copying of Reports, data scraping, failure to display the mandatory client disclosure, or misuse of access constitutes a material breach that will result in the immediate lock of your digital account and forfeiture of any prepaid fees. Where a third party with whom you have been associated makes a claim against Empirical AI, after being notified of the claim you will provide reasonable participation in its defence, take reasonable steps to mitigate loss, and must not agree to a settlement that imposes an admission or non-monetary obligation on you or Empirical AI without our consent, not to be unreasonably withheld.
  • Governing Law: These Terms of Service are governed by, and construed in accordance with, the laws of New South Wales, Australia. By choosing to access this website, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.