Terms & Conditions
Last updated: March 2026
Please read these Terms and Conditions carefully before using any services provided by Mad Binary. These terms govern your access to and use of our website, applications, and services.
1. Acceptance of Terms
By accessing or using any website, application, or service provided by Mad Binary (ABN pending), located in Brisbane, Australia ("we", "us", or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to all of these terms, you must not use our services. We reserve the right to update these terms at any time, and your continued use of our services following any changes constitutes acceptance of those changes.
2. Services
Mad Binary provides software development services, including but not limited to SaaS (Software as a Service) solutions, iOS and Android mobile application development, AI integration consulting, and related technology services. All services are provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.
3. User Obligations
When using our services or submitting information through our website, you agree to: (a) provide accurate, current, and complete information; (b) not use our services for any unlawful or prohibited purpose; (c) not attempt to gain unauthorised access to any part of our systems or services; (d) not interfere with or disrupt the integrity or performance of our services; and (e) comply with all applicable Australian laws and regulations.
4. Intellectual Property
All content, trademarks, logos, designs, source code, and other intellectual property displayed on our website and within our products are owned by Mad Binary or our licensors and are protected under Australian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any of our intellectual property without our express written consent. Custom work delivered to clients under a service agreement is subject to the intellectual property terms specified in that agreement.
5. Client Projects & Confidentiality
All project specifications, business information, and data shared by clients during the course of engagement are treated as confidential. We will not disclose confidential information to third parties except as required by law or with the client's written consent. Both parties agree to maintain confidentiality of proprietary information for the duration of the engagement and for a period of two (2) years following its conclusion.
6. Payment Terms
Payment terms for services are outlined in individual service agreements or proposals provided to clients. Unless otherwise agreed in writing, invoices are due within fourteen (14) days of issue. Late payments may incur interest at the rate of 2% per month on outstanding amounts. We reserve the right to suspend services if payments are overdue by more than thirty (30) days. All prices are quoted in Australian Dollars (AUD) unless otherwise specified.
7. Limitation of Liability
To the maximum extent permitted by Australian law, Mad Binary shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of our services. Our total liability for any claim arising from our services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim. Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.
8. Warranties & Disclaimers
We warrant that our services will be performed with reasonable care and skill consistent with industry standards. However, we do not warrant that our services will be uninterrupted, error-free, or completely secure. To the extent permitted by law, we disclaim all other warranties, whether express or implied, including implied warranties of merchantability and fitness for a particular purpose. Our liability under the Australian Consumer Law is not excluded or limited by these terms.
9. Termination
Either party may terminate a service engagement by providing thirty (30) days' written notice to the other party, unless otherwise specified in a service agreement. We may immediately terminate or suspend access to our services if you breach these terms. Upon termination, you must cease all use of our services and any related materials. Sections relating to intellectual property, confidentiality, and limitation of liability survive termination.
10. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Queensland, Australia. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11. Contact
If you have any questions about these Terms and Conditions, please contact us at [email protected] or write to us at Brisbane, Australia.