Norby Terms of Use

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Effective Date: Dec 05, 2024

Last Updated: Feb 16, 2026

These Terms of Use (“Terms” or “Agreement”) govern your access to and use of the products, services, and platforms provided by Norby Labs Inc. and its affiliates, including Norby Pty Ltd (collectively, “Norby,” “we,” “us,” or “our”).

These Terms apply to: (a) the Norby website at www.heynorby.com (the “Site”); (b) Norby’s AI-powered kiosk hardware devices (the “Devices”); (c) the Norby cloud platform, dashboard, and management tools (the “Platform”); (d) any software, firmware, or applications embedded in or used in connection with the Devices or Platform; and (e) any related services, support, and documentation (collectively, the “Services”).

These Terms also apply to Norby’s social media accounts, including but not limited to accounts on Instagram, TikTok, Facebook, X (formerly Twitter), LinkedIn, and YouTube.

PLEASE READ THESE TERMS CAREFULLY. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court. By accessing or using any of the Services, you agree to be bound by these Terms, the Norby Privacy Policy, and any additional terms referenced herein. If you do not accept these Terms, you must not use the Services.

If you are entering into these Terms on behalf of a company, organisation, or other legal entity (“Entity”), you represent and warrant that you have the authority to bind such Entity to these Terms, and references to “you” shall refer to such Entity.

1. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Site or by other reasonable means. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms. We reserve the right to introduce new features, change or limit features (including by automatic update), update or remove content, or restrict access to parts or all of the Services, with or without notice.

2. Privacy and Data Processing

The Norby Privacy Policy at www.heynorby.com/privacy describes our collection, use, and processing of data. If you are a business customer deploying Devices in environments where end users interact with the Services, you are responsible for ensuring compliance with applicable privacy and data protection laws in your jurisdiction, including providing any required notices to end users. For enterprise and government customers requiring a Data Processing Agreement (“DPA”), please contact us at privacy@heynorby.com. Norby will maintain and use customer information in accordance with the Norby Privacy Policy.

3. Accounts and Access

Some Services require you to register for an account. You agree to provide accurate and complete registration information and to keep your account credentials secure. You are responsible for all activity under your account, including activity by authorised users within your organisation. If you become aware of any unauthorised use, you must notify us immediately at support@heynorby.com.

4. Permitted Use

Subject to your compliance with these Terms and any applicable order form, subscription agreement, or enterprise agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services for your internal business purposes. This licence applies to the software provided as part of the Services, including firmware embedded in the Devices, cloud platform software, and management applications. We reserve all rights not expressly granted in these Terms.

For customers who have entered into a separate enterprise, subscription, or reseller agreement with Norby, the terms of that agreement shall govern to the extent of any conflict with these Terms.

5. Restrictions

You may not use or interact with the Services to:

  1. infringe or violate the intellectual property or other rights of anyone (including Norby);
  2. violate any applicable law or regulation, including export control and data protection laws;
  3. harm, defraud, harass, threaten, or deceive others, or submit content that is obscene or otherwise objectionable;
  4. jeopardise or compromise the security of the Services, any Device, or any network to which a Device is connected;
  5. attempt to gain unauthorised access to any account, system, or network;
  6. run any automated process, bot, or scraping tool on or through the Services;
  7. copy, store, or redistribute any significant portion of the content or data provided through the Services;
  8. decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software included in the Services or Devices;
  9. use the Services to develop a competing product or service; or
  10. resell, lease, rent, distribute, or otherwise exploit the Services for commercial gain except as expressly permitted in writing by Norby or under a reseller agreement.

6. AI-Powered Services

The Services include conversational artificial intelligence features. You acknowledge and agree that:

AI-generated responses are provided for informational and interactive purposes and may not always be accurate, complete, or appropriate. Norby does not warrant the accuracy of AI-generated content.

You are responsible for reviewing and validating any AI-generated content before relying on it, particularly in customer-facing or regulated environments.

You will not use the AI features to generate content that is unlawful, harmful, discriminatory, deceptive, or that violates any third party’s rights.

Norby may use aggregated and anonymised interaction data to improve the Services. Personally identifiable information will be handled in accordance with the Privacy Policy and any applicable DPA.

7. Intellectual Property

The Services, Devices, Platform, and all associated content, software, firmware, designs, trademarks, logos, and documentation (collectively, the “Content”) are owned by Norby or its licensors and are protected by copyright, patent, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any Content except as expressly permitted under these Terms.

You retain ownership of any data, content, or materials you provide through the Services (“Your Content”). You grant Norby a non-exclusive, worldwide, royalty-free licence to use, process, and display Your Content solely to the extent necessary to provide and improve the Services.

8. Feedback

If you provide Norby with suggestions, ideas, enhancement requests, or other feedback regarding the Services (“Feedback”), you grant Norby a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, modify, and incorporate such Feedback into the Services without obligation to you.

9. Third-Party Services

The Services may integrate with or contain links to third-party services, platforms, or content. Norby does not control and is not responsible for any third-party services. Your use of third-party services is governed by their respective terms and policies. If there is a dispute between you and any third party, Norby is under no obligation to become involved, and you release Norby from any related claims and damages to the maximum extent permitted by applicable law.

10. Orders and Payment

Hardware purchases and subscription services may be made through the Site, through an authorised reseller, or pursuant to a separate order form or enterprise agreement. The following terms apply to purchases made directly through the Site or where no separate written agreement governs the transaction.

All orders are subject to acceptance by Norby. We reserve the right to cancel or refuse any order where we suspect fraud, abuse, or violation of these Terms, or where we are unable to fulfil the order. We may modify pricing for future orders at any time; however, confirmed orders will be honoured at the agreed price.

Payment is due at the time of order unless otherwise agreed in writing. For subscription services, fees are billed in accordance with the billing cycle specified at the time of purchase or in your order form. Failure to pay may result in suspension or termination of access to the Services.

11. Returns and Refunds

The following returns policy applies to purchases made directly from heynorby.com. Norby products purchased through other retailers or resellers must be returned in accordance with their respective returns and refunds policies. Products purchased under a separate enterprise or government agreement are subject to the return terms set out in that agreement.

What Qualifies for a Return

Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a repair, replacement, or refund if the product you purchased:

  1. is faulty or not of acceptable quality;
  2. does not perform as intended or as described; or
  3. does not match the specifications or description provided at the time of purchase.

Conditions for Returns

We accept returns and offer remedies in the following cases:

  1. Faulty or Damaged Products: If your product is defective, damaged in transit, or does not function as expected, you are entitled to a repair, replacement, or refund.
  2. Incorrect Item Received: If you receive an item different from what was ordered, we will exchange it for the correct product.
  3. Product Not as Described: If the item does not match the specifications provided, we will arrange for a remedy.

To process your claim, we require proof of purchase (e.g., receipt or invoice) and evidence of the issue (e.g., photos, videos).

Exclusions

We do not provide refunds or exchanges where you: (a) change your mind after purchase; (b) purchase the wrong product by mistake; or (c) damage the product through misuse or improper handling.

How to Return or Exchange a Product

To initiate a return or exchange, contact our support team at support@heynorby.com with: your name, email address, contact phone number, order number, date of purchase, and a copy of your receipt. Our team will provide you with a Return Merchandise Authorisation (RMA) number, a prepaid shipping label, and instructions on how to return the product. Prepaid shipping labels expire after thirty (30) days. Shipping costs incurred by the customer will not be refunded.

12. Hardware Warranty

Warranty Coverage

Norby warrants Norby-branded hardware devices and electronic accessories contained in the original packaging (“Norby Product”) against defects in materials and workmanship when used normally in accordance with Norby’s published guidelines for a period of one (1) year from the date of original purchase by the end-user purchaser (the “Warranty Period”). Non-electronic accessories are warranted for a period of ninety (90) days from purchase.

What Is Not Covered

This warranty does not apply to: (a) non-Norby branded products; (b) any software, firmware, or subscription services, even if packaged or sold with Norby hardware; (c) products purchased from unauthorised resellers; (d) consumable parts such as batteries, unless failure is due to a defect in materials or workmanship; (e) cosmetic damage including scratches, dents, and broken plastic on ports; (f) damage caused by use with another product; (g) damage caused by accident, abuse, misuse, liquid contact, fire, earthquake, or other external cause; (h) damage caused by operating the Norby Product outside published guidelines; (i) damage caused by service performed by anyone other than Norby or a Norby Authorised Service Provider (“NASP”); (j) modifications made without Norby’s written permission; (k) defects caused by normal wear and tear; or (l) products with removed or defaced serial numbers.

Your Responsibilities

Before receiving warranty service, Norby or its agents may require you to provide proof of purchase, respond to diagnostic questions, and follow Norby’s procedures for obtaining warranty service. Following warranty service, your Norby Product or replacement will be returned as originally configured, subject to applicable updates. You are responsible for reinstalling any additional software, data, and information. Recovery and reinstallation of software, data, and information are not covered under this warranty.

Warranty Service Options

Norby will provide warranty service through one or more of the following options:

  1. Mail-in service: Contact Norby Support to obtain a Return Merchandise Authorisation (RMA) number before sending your device.
  2. Do-it-yourself (DIY) parts service: Norby may provide replacement parts for you to install yourself. Norby is not responsible for any labour costs you incur relating to DIY service.

Norby reserves the right to change the method by which warranty service is provided. You may be responsible for shipping and handling charges. If you seek service in a country other than the country of purchase, you are responsible for compliance with applicable import and export laws, customs duties, VAT, and other associated charges.

Warranty Remedies

If you submit a valid warranty claim during the Warranty Period, Norby will, at its option: (i) repair the Norby Product using new or refurbished parts that are equivalent to new in performance and reliability; (ii) replace the Norby Product with a product that is at least functionally equivalent; or (iii) provide a refund. A replacement part or product assumes the remaining warranty of the original Norby Product or ninety (90) days from the date of replacement, whichever is longer. When a product is replaced or a refund is provided, the replacement becomes your property and the replaced item becomes Norby’s property.

Consumer Law

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. NOTHING IN THIS WARRANTY EXCLUDES, LIMITS, OR SUSPENDS RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER PROTECTION LAWS, INCLUDING THE AUSTRALIAN CONSUMER LAW. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR JURISDICTION.

13. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12 (HARDWARE WARRANTY) OR IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. NORBY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. NORBY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY AI-GENERATED CONTENT. NORBY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NORBY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE EXPRESS WARRANTY IN SECTION 12 AND, AT NORBY’S OPTION, THE REPAIR, REPLACEMENT, OR REFUND REMEDIES DESCRIBED THEREIN.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NORBY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REPUTATION, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, COST OF REPLACEMENT EQUIPMENT, OR ANY COSTS OF RECOVERING OR REPRODUCING DATA, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.

NORBY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) AUD $500 OR (B) THE TOTAL AMOUNTS PAID BY YOU TO NORBY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE FOREGOING LIMITATIONS SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY, OR ANY STATUTORY LIABILITY FOR INTENTIONAL OR GROSSLY NEGLIGENT ACTS OR OMISSIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, NORBY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to indemnify, defend, and hold harmless Norby, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party right; or (d) Your Content.

16. Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without Norby’s prior written consent. Norby may assign or transfer these Terms without restriction. No Norby reseller, agent, or employee is authorised to make any modification, extension, or addition to these Terms.

17. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia, without regard to conflict of law principles. Any disputes arising under these Terms will be resolved exclusively in the courts located in Victoria, subject to the arbitration provisions below.

18. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute arising out of or relating to these Terms shall be finally settled by binding arbitration in Melbourne, Victoria, Australia. The arbitration will be conducted in English in accordance with the Rules of the Australian Centre for International Commercial Arbitration (ACICA) then in effect, by one arbitrator with substantial experience in technology and commercial contract disputes, selected in accordance with such Rules. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction at any time. Either party may also bring claims in the Magistrates’ Court of Victoria or any local court of competent jurisdiction.

CLASS ACTION WAIVER: Any arbitration under these Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. YOU AND NORBY EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Arbitration Opt-Out: You may opt out of the arbitration provision by sending written notice to Norby Labs Inc. at the address in Section 22 within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, both you and Norby agree that any judicial proceeding (other than small claims actions) will be brought in the Supreme Court of Victoria or the Federal Court of Australia Victoria Registry.

Both you and Norby acknowledge and agree that Norby’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms and, upon your acceptance, Personnel will have the right to enforce these Terms against you.

19. Miscellaneous

These Terms, together with the Privacy Policy and any applicable order form or enterprise agreement, constitute the entire agreement between you and Norby regarding the Services and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect. The failure of either party to exercise any right under these Terms shall not constitute a waiver of that right. You acknowledge that you are not an employee, agent, partner, or joint venture of Norby, and you do not have any authority to bind Norby in any respect.

20. Termination

You may terminate your account at any time by contacting us at heynorby.com/contact-us. Norby may suspend or terminate your access to the Services at any time, with or without cause, including for breach of these Terms. Upon termination, your licence to use the Services immediately ceases. Account termination may result in the deletion of any content associated with your account. Provisions that by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnification, warranty, and dispute resolution.

21. Export Compliance

You agree to comply with all applicable export control laws and trade sanctions in connection with your use of the Services and Devices, including but not limited to the laws of Australia, the United States, and any other relevant jurisdiction.

22. Contact

If you have questions about these Terms, or to contact Norby Support for warranty or return enquiries, please reach us at:

Norby Labs Inc.

[Insert registered address]

Email: legal@heynorby.com

Support: support@heynorby.com

Web: heynorby.com/contact-us

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For users in Australia, these Terms are also entered into with Norby Pty Ltd, 170 Peel Street, Windsor VIC 3181 Australia.

23. Additional Terms for Specific Jurisdictions

Australia:

Nothing in these Terms purports to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law or any other applicable legislation, which cannot lawfully be excluded or limited. If any guarantee, condition, or warranty is implied into these Terms under the Australian Consumer Law and cannot be excluded, Norby’s liability for breach of that guarantee, condition, or warranty is limited to, at Norby’s option: the re-supply of the Services or payment of the cost of having the Services re-supplied; or the repair or replacement of the goods or payment of the cost of having the goods repaired or replaced.

European Union and United Kingdom:

If you are located in the EU or UK, nothing in these Terms shall limit any mandatory consumer protection rights available to you under applicable law. To the extent required by law, we will follow the applicable process for notifying you of changes to these Terms. You are entitled to the statutory warranty rights that apply in your jurisdiction. For users in the EU, Sections 10 (Orders) and 12 (Hardware Warranty) are supplemented by the General Terms of Sale where applicable.

France and Germany:

Section 14 (Limitation of Liability) does not limit liability for intentional acts, gross negligence, or injury to life, limb, or health, or under the Product Liability Act (Germany). You may bring disputes before the competent courts in your country of residence to the extent required by mandatory law.

Singapore and Southeast Asia:

For customers in Singapore and Southeast Asia, these Terms shall be interpreted in accordance with the laws of Victoria, Australia, except where local mandatory law requires otherwise.

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