Terms of Use

01

About These Terms

These Terms of Use govern your access to and use of the Himy Creative website (himy.com.au) and the free Brand Health Check service provided through it (“the Service”). The Service is owned and operated by Himy Pty Ltd as Trustee for Himys Trading Trust (ABN 68 809 720 724), trading as Himy Creative (“Himy Creative”, “we”, “us”, “our”).

By accessing our website or submitting the Brand Health Check form, you agree to these Terms of Use. If you do not agree, please do not use our website or services.

02

The Brand Health Check Service

The Brand Health Check report is generated in part by artificial intelligence (Claude, developed by Anthropic PBC). AI-generated outputs may contain errors, omissions, or recommendations that are not suitable for your specific circumstances. You should not act on any recommendation without first applying your own professional judgement.

Himy Creative accepts no liability for any loss, damage, or cost arising from reliance on the free Brand Health Check report.

03

Accuracy of Information You Provide

The quality of your report depends on the accuracy of the information you provide. By submitting the form, you confirm that the information is accurate and complete to the best of your knowledge, you are authorised to submit it on behalf of your business, and it does not include personal information about third parties without their consent.

Himy Creative is not responsible for recommendations generated from inaccurate or incomplete information.

04

AI-Generated Content

Himy Creative uses artificial intelligence tools, including Claude (Anthropic PBC), to generate the Brand Health Check report, letter, and findings. You acknowledge that AI-generated outputs may not always be accurate, complete, or suitable for your specific circumstances, and that all recommendations should be treated as indicative suggestions requiring independent assessment before implementation.

Himy Creative does not warrant that AI-generated content is free from errors or that it will achieve any particular outcome.

05

Paid Consulting Services

If you engage Himy Creative for paid consulting services, the scope, deliverables, fees, and timeline will be set out in a separate written engagement letter or proposal signed by both parties. In the event of any inconsistency between these Terms of Use and a signed engagement agreement, the engagement agreement prevails.

Quotes and proposals are indicative only and do not constitute a binding offer until a formal engagement letter has been signed.

06

Limitation of Liability

To the maximum extent permitted by law, Himy Creative excludes all liability for any loss, damage, cost, or expense arising out of your use of or reliance on the website or Brand Health Check service, any error or inaccuracy in an AI-generated report, or any failure or interruption of the website.

Where liability cannot be excluded under the Australian Consumer Law or other applicable legislation, our liability is limited to the extent permitted by law and, at our option, to re-supply of the service or payment of the cost of having the service re-supplied.

Nothing in these Terms excludes any right or remedy you have under the Australian Consumer Law that cannot be excluded by agreement.

07

Intellectual Property

Our Content

All content on the Himy Creative website — including text, graphics, photography, logos, design, and code — is owned by or licensed to Himy Pty Ltd ATF Himys Trading Trust and is protected by Australian copyright law. You may not reproduce, republish, or distribute any content without written permission.

Your Brand Health Report

The personalised Brand Health Report generated from your submission is provided to you for your own business use. Himy Creative retains the right to use aggregated, de-identified insights to improve our services.

Paid Engagements

IP arrangements for paid engagements are governed by the relevant engagement letter. Unless otherwise agreed in writing, custom deliverables — including copy, design, and strategy documents — are assigned to you upon full payment of all fees.

08

Acceptable Use

You must not submit false or misleading information, use the service to process third-party information without consent, attempt unauthorised access to our systems, use automated tools to scrape our website, or use the service for any unlawful purpose. We reserve the right to refuse or terminate access for any user who breaches these terms.

09

Privacy

Your use of Himy Creative is also governed by our Privacy Policy, which is incorporated into these Terms by reference. It explains how we collect, use, store, and protect your personal information, including the follow-up emails you will receive after completing the Brand Health Check and how to unsubscribe.

View our Privacy Policy →

10

Governing Law and Dispute Resolution

These Terms are governed by the laws of South Australia and the Commonwealth of Australia. You and Himy Creative each submit to the non-exclusive jurisdiction of the courts of South Australia.

If a dispute arises, the parties agree to first attempt resolution by written notice. If unresolved within 14 days, the parties will refer the dispute to mediation in Adelaide before initiating legal proceedings.

11

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any provision of the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) that cannot be excluded. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

12

Third-Party Services

Our service relies on third-party platforms including Anthropic's Claude AI, Neon, Resend, Vercel, and Google. The availability of these services is outside our control. We are not liable for any disruption caused by third-party platform outages or changes.

13

Changes to These Terms

We may update these Terms from time to time. The updated terms will be posted on this page with a revised “Last updated” date. Continued use of our website after any change constitutes acceptance of the updated terms.