Terms of Service

These Terms govern your use of https://posermarketing.com.au and any services provided by Poser (“Poser”, “we”, “us”). By using the site or engaging us you agree to these Terms. If you do not agree, do not use the site or services.

1. Services

We produce AI-assisted creative assets (images, video, related materials) for apparel brands. The specific scope, deliverables, timelines, usage rights and fees for an engagement are set out in a separate written proposal, order or statement of work (an “SOW”), which forms part of the agreement between us. Indicative pricing on the site is not an offer and is confirmed on a call.

2. Fees and payment

Fees, currency (USD unless stated) and payment terms are as set out in the applicable SOW. Unless stated otherwise, invoices are payable within the period specified, and late amounts may be suspended or attract reasonable interest. Taxes are your responsibility where applicable.

3. Your materials and warranties

You grant us a licence to use brand assets, garments, references and other materials you provide for the purpose of delivering the services. You warrant that you own or are licensed to provide those materials and that our agreed use will not infringe any third-party rights or law.

4. Intellectual property and licence

On full payment for an engagement, we assign or licence the final delivered assets to you for the commercial use described in the SOW. We retain ownership of our pre-existing tools, workflows, models and know-how. Unless you opt out in writing, we may display non-confidential excerpts of delivered work as portfolio and marketing material.

5. AI-generated content

Deliverables are produced using AI systems. We take reasonable steps toward originality and brand fit, but you are responsible for final review and approval before publication, including suitability for your advertising channels and any platform-specific rules (for example Meta's policies).

6. Acceptable use

You must not use the site or services unlawfully, to infringe rights, to create misleading or prohibited advertising, or to attempt to disrupt or gain unauthorised access to our systems.

7. Confidentiality

Each party will protect the other's non-public information and use it only for the engagement. A mutual non-disclosure agreement is available on request.

8. Privacy

Our handling of personal information is described in our Privacy Policy.

9. Disclaimers

The site is provided “as is”. To the maximum extent permitted by law, we exclude implied warranties. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law, or any other mandatory consumer or statutory rights in your jurisdiction (including the EU/UK and US states) that cannot lawfully be excluded.

10. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental or consequential loss, and our total aggregate liability arising out of an engagement is limited to the fees paid for that engagement in the 3 months before the event giving rise to the claim. Where liability cannot be excluded but can be limited, our liability is limited to resupplying the services or paying the cost of resupply.

11. Indemnity

You indemnify us against claims arising from materials you supply or your use of deliverables in breach of these Terms or an SOW.

12. Term and termination

Either party may terminate an engagement as set out in the SOW or for material uncured breach. Accrued fees remain payable. Clauses that by nature should survive termination do so.

13. Governing law

These Terms are governed by the laws of Australia and the state or territory of our principal place of business, and the courts there have non-exclusive jurisdiction. This does not deprive you of the protection of mandatory laws of your country of residence.

14. Changes and contact

We may update these Terms; the version on this page applies to future engagements. Questions: contact@posermarketing.com.au.

These Terms are general information, not legal advice. Have them reviewed by a qualified lawyer for your operations and jurisdictions before relying on them.