Terms of Service

Terms of Service

1. Use of services

In these terms, "we", "us" and "our" means ABM visual. "You" and "your" means the client named in the accepted proposal. Where you accept these terms on behalf of an organisation, you confirm you are authorised to do so. You agree to use our services only for lawful purposes and in accordance with these terms.

2. Intellectual property and client assets

The core architecture, software, tooling, workflows, original design, general text and all proprietary business concepts behind ABM visual's products and services, including our website, are the exclusive property of ABM visual and Michael Petros.

Alongside spatial data capture, ABM visual develops interactive digital experiences and games. Any novel concepts, interactive mechanics or original intellectual property created or conceptualised by our team during the course of client projects remain the sole and exclusive property of ABM visual, unless explicitly transferred in a separate written agreement. This does not affect your ownership of the delivered work described in clause 3.

All client logos, trademarks, physical venue designs and specific client data displayed within our portfolio remain the exclusive intellectual property of their respective owners. ABM visual displays these assets solely under the promotional rights granted by our clients.

3. Ownership of delivered work

You own the delivered work. The captured spatial data, the completed 3D digital twins and the published experiences set out in the accepted proposal are yours in full on final payment.

Wherever practical we build inside platform accounts held in your own name, and we train your team to use them. Ownership and control sit with you from the outset, you hold the relationship with the platform, and you are responsible for that account's subscription fees. We upload, build, develop and edit within your account under your authority.

Where you elect ABM visual hosting and management instead, the assets are held in our account and you are granted a licence to use and publish them for the term of that arrangement, subject to clause 6.

What is delivered is what is set out in the accepted proposal. Anything beyond it is scoped and quoted separately.

4. Training

Training is provided to new customers as part of the initial engagement. Sessions cover standard operation of the platforms in use, including navigation of the relevant backends, publishing and sharing of experiences, and general day to day administration. Training may be delivered on site or online, scheduled by arrangement and subject to availability.

Where further training is required beyond the initial session, whether arising from staff changes, platform updates or expanded requirements, it is a paid service, quoted on request.

5. Promotional rights

By engaging our services to turn your physical venues into commercial digital assets, you grant ABM visual the ongoing right to use your logos, images, spatial data and completed 3D digital twins for our own promotional purposes across our website and marketing channels. This right is subject to your reasonable request to withdraw specific assets, which we will action promptly.

5(a). Account access for promotional and maintenance purposes

Where, at account setup, you provide ABM visual with access to your platform account, whether through your own login or as a designated collaborator or administrator, you authorise us to access that account from time to time for two purposes: to collect media examples of the delivered work for our own promotional use under clause 5, and to make occasional minor enhancements to the tours we have produced.

Collecting media examples does not alter your content and we will not notify you each time we do so.

Where we make a minor enhancement that improves a tour, we will keep a record of the change and make it available to you on request. Substantive changes, or any change to your content beyond minor enhancement of our own delivered work, will not be made without your agreement. If you would prefer we make no changes to your live tours without contacting you first, or you wish to withdraw account access entirely, let us know at any time and we will action it promptly. If you notice a change you did not expect, contact us and we will review or revert it.

6. Deposit and payment

A deposit of 50 per cent of the accepted quotation is payable on acceptance. The deposit secures your capture date in our calendar and covers scheduling, pre-production and equipment preparation. It is not refundable. The balance is payable on delivery in accordance with the accepted proposal.

Delivered work is treated as accepted if no issues are raised within seven days of delivery. Where issues are raised in that period and fall within the accepted scope, we will correct them at no charge within seven days of the request.

If an account falls into arrears we will give 14 days written notice before suspending hosting or deactivating live tours, and a further 30 days written notice before closing the account or deleting associated project files and data. Work held in accounts under your own name is not affected.

7. Rescheduling and cancellation

Capture is a single scheduled mobilisation, often outside business hours, and a reserved day cannot be resold at short notice.

More than 48 hours notice: the date moves at no charge and the deposit carries across.

48 hours or less, or a delay on the day that prevents capture being completed within the booked window: a reschedule fee of $750 applies.

Where the engagement is cancelled rather than rescheduled, the deposit is retained. If more than 48 hours notice is given, it is held as a credit toward a capture booked within twelve months.

Where capture is outside metropolitan Adelaide, travel, accommodation and freight are quoted separately and are recoverable at cost once booked.

8. User content

If you submit any external content to us, you grant us a non-exclusive, royalty free licence to use, display and distribute that content. You are responsible for ensuring your content does not violate any laws or third party rights.

9. Limitation of liability

ABM visual operates as a fully insured entity. We are not liable for any direct, indirect, incidental or consequential damages arising from your use of our services, and we do not guarantee uninterrupted or error free operation of the site or the third party platforms hosting our digital assets. Nothing in these terms excludes, restricts or modifies any right or remedy you may have under the Australian Consumer Law.

10. Termination

We may suspend or terminate access to our services if you materially breach these terms. Except where the breach is unlawful or creates a risk to a third party, we will give written notice and a reasonable opportunity to remedy the breach first.

11. Changes to terms

We may update these terms from time to time. The terms applying to your engagement are those in force on the date your proposal is accepted. Updated terms apply to new engagements.

12. Aboriginal and Torres Strait Islander support

If any Aboriginal or Torres Strait Islander individuals, businesses or communities require anything related to our services or digital environments, please contact Michael Petros directly and we will gladly assist where possible.

13. Contact

Questions about these terms can be directed to michael@abmvisual.com.