Terms of Use

Kellert Labs ("Kellert Labs", "we", "us" or "our") is Kellert Labs Pty Ltd, a proprietary limited company based on the Sunshine Coast, Queensland, Australia (ABN 90 701 212 213). This website is published by us at kellertlabs.com.

These Terms, and the policies referred to in them, are the entire agreement between you and us about the Site. If there is any inconsistency between these Terms and another of our policies, these Terms prevail to the extent of the inconsistency, unless the other policy says otherwise.

This is an informational site. The Site exists to describe our research and our work. It does not sell anything, create accounts, take payments, run a waitlist, or collect your details. Where the Site links out to a product or service, that product or service has its own terms.

Kellert Labs builds DARCE, a mobile application. DARCE is a separate product with its own Terms of Service, Privacy Policy and End User Licence Agreement, published at darce.app. These Terms cover only this website. If you use the DARCE app, that product's terms govern your use of it. See also our App Licence (EULA).

We grant you a limited, personal, non-exclusive, non-transferable and revocable permission to access and view the Site for your own information, while you comply with these Terms. You may link to the Site and share its pages.

You must use the Site lawfully and in line with our Acceptable Use Policy. Among other things, you must not misuse, attack, overload, scrape or reverse engineer the Site, or use it in a way that could damage, disable or impair it or interfere with anyone else's use of it.

We may change, suspend or withdraw all or part of the Site at any time without notice. We do not guarantee that the Site, or any part of it, will always be available or uninterrupted.

The Site, including its software, code, design, text, graphics and the other components it loads, and the "Kellert Labs" and "DARCE" names and marks, is owned by us or our licensors and is protected by law. The permission in these Terms to view the Site does not transfer any of those rights to you.

Except as these Terms allow, or as the law does not permit us to restrict, you must not copy, modify, distribute, sell, licence, publish, or create derivative works from any part of the Site, and you must not remove or alter any proprietary notices.

The Site is served by third-party infrastructure and links to third-party sites, including darce.app and our pages on social platforms. We do not control those third parties, and their terms and privacy practices apply to your use of them. We are not responsible for third-party sites or content, and a link is not an endorsement.

What we publish is not advice. The Site describes research positions, some of which are early or not yet built, and general information about the studio's work. It is not medical, health, coaching, professional or safety advice, and it is not a substitute for advice from a qualified professional. You are responsible for how you use anything on the Site. Full details are in our Disclaimer & Risk, which forms part of these Terms.

Nothing in these Terms excludes the Australian Consumer Law. Where the Australian Consumer Law (ACL) applies, our services come with guarantees that cannot be excluded under it. Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term, that the law says cannot be excluded, restricted or modified.

To the extent the law allows us to limit our liability for breach of such a guarantee, our liability is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.

Subject to the section above on the Australian Consumer Law and to the extent permitted by law, the Site is provided "as is" and "as available", and we make no warranties of any kind, whether express or implied, including as to accuracy, reliability, fitness for a particular purpose, availability, or security, or that the Site or its output will be error-free or uninterrupted.

We do not warrant that anything the Site shows is correct or suitable for you, and we are not responsible for decisions you make based on it. Please read our Disclaimer & Risk.

This section does not exclude rights you cannot lawfully waive. Nothing in these Terms limits liability that cannot be limited by law, including under the Australian Consumer Law, or for death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

Subject to that, and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profits, revenue, data, goodwill or anticipated savings, arising out of or in connection with your use of, or inability to use, the Site, or your reliance on anything on it. Because the Site is provided free and for information only, this limit is a reasonable allocation of risk between us.

We may update these Terms from time to time, for example to reflect changes to the Site or the law. The date at the top of this page shows when these Terms were last updated. Changes take effect when posted. By continuing to use the Site after a change takes effect, you accept the updated Terms.

These Terms are governed by the laws of the State of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts that hear appeals from them. Nothing in this section affects rights you have, or protections you enjoy, under the consumer laws of the place where you live.

Let's try to sort it out first. If you have a problem, please contact us at kai@kellertlabs.com before taking formal action. We will try to resolve disputes informally and in good faith.

If any part of these Terms is found to be unenforceable, the rest continues to apply. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours, for example as part of a sale of our business. These Terms do not create any agency, partnership or employment relationship between us.

Contact: Kellert Labs Pty Ltd, kai@kellertlabs.com, Sunshine Coast, Queensland, Australia.