Terms and Conditions

These Terms and Conditions (“Terms”) govern your use of the Cairn diagnostic platform (the “Platform”), operated by Cairn Advisory (“we”, “us”, “our”). Cairn Advisory is a registered business operated by Geoff Mallinson in Australia.

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

We may update these Terms from time to time. Material changes will be communicated through the Platform. Your continued use after changes are posted constitutes acceptance.

The Platform provides AI-facilitated conversation-based diagnostic assessments. When you use the Platform, you participate in a structured conversation with an AI assistant that explores specific dimensions of your work experience. The AI generates scores, pattern analyses, and interpretive summaries based on your responses.

The Platform currently offers diagnostics in the following areas (which may change over time): organisational impact, work wellbeing, AI at work attitudes, psychological safety, and manager effectiveness.

To access the Platform, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate and complete information when creating your account and to keep it up to date.

You must notify us immediately if you become aware of any unauthorised use of your account. We are not liable for any loss or damage arising from unauthorised access to your account where you have failed to safeguard your credentials.

We reserve the right to suspend or terminate accounts that we reasonably believe are being misused or that violate these Terms.

The Platform is intended for use by individuals aged 18 years or older. By creating an account, you represent that you are at least 18 years of age.

If you are accessing the Platform through your employer or another organisation, you represent that you have authority to agree to these Terms on your own behalf.

5.1 Acceptable use

You agree to use the Platform only for its intended purpose: participating in diagnostic conversations and receiving diagnostic results. You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to reverse-engineer, decompile, or extract the underlying AI prompts, scoring algorithms, or diagnostic frameworks
• Systematically scrape, copy, or reproduce diagnostic content, question banks, or scoring rubrics
• Use automated tools, bots, or scripts to interact with the Platform
• Impersonate another person or provide false information
• Attempt to access other users' data or diagnostic results
• Use the Platform to generate content that is harmful, abusive, or discriminatory
• Resell, sublicense, or commercially redistribute the Platform or its outputs without our written consent

5.2 Accuracy of information

The quality of your diagnostic results depends on the information you provide during the conversation. You are responsible for the accuracy and honesty of your responses. We do not verify the information you provide.

6.1 Our intellectual property

The Platform, including its diagnostic frameworks, conversation designs, scoring rubrics, question banks, AI system prompts, archetype classifications, output formats, and all associated content, is the intellectual property of Cairn Advisory. The diagnostic frameworks are grounded in published academic research (which is separately attributed) but the specific application, conversation design, and scoring implementation are proprietary.

6.2 Your diagnostic results

Your individual diagnostic results (scores, archetype, interpretive summary) are provided to you for your personal and professional use. You may share your own results as you see fit. However, you may not represent your results as an endorsement by Cairn Advisory or use them in a way that implies professional certification.

6.3 Aggregate data

By using the Platform, you grant us a non-exclusive, royalty-free, perpetual licence to use your anonymised and aggregated data for research, product improvement, and the publication of aggregate insights. Individual responses are never identified in aggregate reporting. See our Privacy Policy for details on anonymisation.

7.1 Not professional advice

The diagnostic results provided by the Platform are generated by AI and are intended as a reflective tool to support your thinking. They do not constitute and should not be relied upon as professional advice of any kind, including but not limited to psychological, clinical, medical, legal, financial, or career advice.

The Platform is not a clinical assessment tool. Diagnostic scores and interpretations are indicative, not definitive. They reflect patterns in your conversational responses as interpreted by AI and should be considered alongside other sources of information and professional judgment.

7.2 Not a substitute for professional support

If your diagnostic results or the conversation itself raises concerns about your mental health, wellbeing, or safety, we strongly encourage you to seek support from a qualified professional. In Australia, you can contact Lifeline on 13 11 14, Beyond Blue on 1300 22 4636, or your GP.

7.3 AI limitations

The AI assistant powering the Platform has inherent limitations. It may misinterpret your responses, miss nuance, or generate scores that do not fully reflect your situation. AI-generated outputs should be treated as a starting point for reflection, not as a definitive assessment.

We continuously work to improve accuracy and quality, but we do not guarantee that diagnostic results are accurate, complete, or fit for any particular purpose.

7.4 No guarantee of outcomes

We make no representations or warranties that using the Platform will lead to any particular outcome, including improved wellbeing, performance, or organisational effectiveness.

To the maximum extent permitted by Australian law (including the Australian Consumer Law):

We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to loss of data, loss of revenue, loss of opportunity, or emotional distress.

Our total aggregate liability to you for any claim arising from or related to the Platform is limited to the amount you have paid us for the specific service giving rise to the claim in the 12 months preceding the claim, or AUD $100, whichever is greater.

Nothing in these Terms excludes or limits any consumer guarantees, rights, or remedies that cannot be excluded or limited under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

You agree to indemnify and hold harmless Cairn Advisory, its owner, contractors, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the Platform, any content you provide through the Platform, or your violation of any applicable laws or third-party rights.

If an organisation engages Cairn Advisory to provide diagnostic services to its employees, contractors, or members (“Organisational Use”), the following additional terms apply:

Participation is voluntary. Individuals must freely choose to participate in any diagnostic conversation. Organisations may not compel participation or condition employment or other benefits on completing a diagnostic.

Individual results are confidential. Individual-level diagnostic results are not shared with the sponsoring organisation without the explicit, informed consent of the individual. Organisations receive only aggregate data, subject to a minimum response threshold to protect anonymity.

Separate agreement. Organisational Use is governed by a separate engagement agreement between Cairn Advisory and the organisation.

We may suspend or terminate your account and access to the Platform at any time, with or without cause, and with or without notice. Reasons for termination may include breach of these Terms, abuse of the Platform, or discontinuation of the service.

You may close your account at any time through your account settings or by contacting us. Upon account closure, we will delete your personal data in accordance with our Privacy Policy, except where we are required to retain it by law or for legitimate business purposes. Anonymised and aggregated data derived from your use may be retained indefinitely.

Sections 6 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), and 12 (Governing Law) survive termination.

These Terms are governed by the laws of the State of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Before commencing legal proceedings, you agree to attempt to resolve any dispute through good-faith negotiation. Either party may initiate this process by sending written notice. The parties will have 30 days from receipt to attempt resolution before either party may commence proceedings.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

These Terms, together with our Privacy Policy and any separate engagement agreement for Organisational Use, constitute the entire agreement between you and Cairn Advisory regarding the Platform.

Geoff Mallinson
Cairn Advisory
Email: geoff@cairnadvisory.com.au
Website: cairnadvisory.com.au