Terms of Engagement

• Currency & Tax: All prices listed in our Commercial Framework and Quotes are in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated.
• Deposits: A non-refundable deposit of 50% of the total quoted fee is required to commence any project or secure booking dates.
• Balance Payment: The remaining balance is due strictly 14 days from the date of final asset delivery.
• Validity: Quotes are valid for 14 days from the date of issue. After this period, we reserve the right to adjust pricing based on current availability and rates.
• Minimum Charges: Production hourly rates (Call Outs) incur a minimum charge of 8 hours, except for Maintenance tasks which have a minimum of 1 hour.

• Included Revisions: Fixed-fee Production House services (Image & Video Generation) include up to two (2) rounds of revisions per asset.
• Excess Revisions: Revisions required beyond the included rounds will be charged at our standard hourly production rate ($200/hr).
• Bookings: Workshops, Strategy Sessions, and on-site production require booking confirmation at least 2 weeks in advance.
• Timelines: Estimated delivery dates are contingent on timely feedback from the Client. Delays in feedback may result in production schedules shifting.
• Input Material Warranty: The Client warrants that they own or have obtained all necessary rights/licenses for any materials (images, copy, branding) provided to mckai for use in the production process, including rights to use said materials for AI model training.

• Final Assets (Ownership): Upon full payment of all fees, mckai assigns to the Client all rights, title, and interest in the Final Assets for any commercial use, insofar as such ownership is recognized by current law regarding AI-generated content.
• Workflows & Architecture: Unless explicitly purchased under a "Workflow Architecture" tier, mckai retains all rights, title, and interest in the technical workflows, node graphs, model fine-tunes, and prompts used to generate the assets. These are considered our trade secrets.
• Portfolio Rights: We reserve the right to reproduce the Final Assets for our own marketing and portfolio purposes (e.g., website, social media), unless a specific Non-Disclosure Agreement (NDA) prevents this.
• Similarity Disclaimer: Given the nature of generative AI models, mckai cannot guarantee that an asset will be unique or that a third party will not generate a similar output using similar prompts on the same public models.
• Copyright & Infringement: The Client acknowledges that AI-generated portions of the Final Assets may not be eligible for copyright protection under current laws. Furthermore, mckai is not liable for any copyright infringement claims arising solely from the inherent randomness of the AI models used (e.g., if the AI coincidentally generates elements resembling existing copyrighted works).

Both parties agree to keep confidential all non-public information disclosed during the engagement. This includes the Client's unreleased product details and mckai's proprietary technical methods. We are happy to sign a specific NDA if required.

• Cancellation: If the Client cancels a project after the deposit has been paid but before completion, the deposit serves as a cancellation fee to cover booked time and resources.
• Third-Party Dependencies: mckai utilizes third-party AI platforms. We are not liable for delays or changes in output quality caused by updates, outages, or policy changes enacted by these third-party platform providers.
• Limitation of Liability: To the maximum extent permitted by law, mckai's liability for any claim arising out of this agreement shall not exceed the total fees paid by the Client for the specific project segment.
• Indemnity: The Client agrees to indemnify mckai against any claims arising from the Client's use of the generated assets, or from materials provided by the Client for use in the generation process (e.g., product photos for training).
• Governing Law: These terms are governed by the laws of Victoria, Australia.