erly - End User Licence Agreement (EULA)
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Last updated: November 2021 erly is owned by OWNA Corp Pty Ltd (ACN 613 387 474 ABN 39 613 387 474), and adheres to OWNA’s existing Policies in addition to the following. This End User Licence Agreement (EULA) is a legal agreement between you and OWNA Corp Pty Ltd (OWNA). This EULA governs the erly application (Website) made available to you at the time of registering to use the Services. By installing and/or using the Website, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to registering to use the Service. If you do not agree with the Terms please do not install or use the Service. 1. Definitions - “We”, “Us”, “Our”, “erly” or “OWNA” refers to OWNA Corp Pty Ltd ACN 613 387 474 ABN 39 613 387 474 of Suite 213, 29-31 Lexington Drive, Bella Vista NSW 2153. - “You” or “Your” means any user of the Website or Services, including any entity, its employees, consultants, representatives and agents that You may represent that downloads, installs, uses or otherwise accesses our Service. - “Service/s” means Our Software, Products, Website, Portal or associated goods and services We make available to You through the website. - “Software” or “App” means Our software licenced as part of the Services. - “Website” means this website, erly.app, theworkr.app, owna.com.au and other websites We have or establish for Your use. - “EULA” means the terms of the erly End User Licence Agreement. - “Data” or “Content” means any Personal Information that is collected and stored. - “Terms” means this End User licence Agreement (EULA) together with erly Terms and Conditions available from the Website or otherwise made available by erly, as amended from time to time. - “Content” means all text, input, graphics, videos, trade dress, trademarks, works of authorship, features, functions, and other materials on or available via this Website/App. This EULA is solely between you and erly, and sets out the terms under which you are permitted to download, install and use the App on your iOS or Android device. Apple, Inc. (including its subsidiaries, "Apple") and Google (including its subsidiaries "Google") are not responsible for any obligations under this EULA or any obligations concerning this EULA whatsoever. In this regard, the parties acknowledge that Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. 2. Licence and Restrictions erly grants you a limited, non-exclusive, non-transferable and revocable licence to use the App in object code format and the content (including documents and materials) available or provided in or through the App (Content), in each case, on any iOS or Android device that you own or control, and as permitted by the Usage Rules set out in the Apple App Store and Google Play Terms of Service, but only solely in connection with your receipt of our Services. The licence granted to you allows you to access and display the Content only for your personal use and to receive our Services. Except as expressly permitted in this EULA, you must not circulate, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast and/or communicate to the public or any person any such Content (or any part of it). As between the parties, we solely and exclusively own all right, title and interest in and to the App and the Content, including all modifications and derivative works. Other than the licence granted to you, no other licences or rights are granted to you in respect of the App and such Content. You must not use our copyrights or trademarks or any confusingly similar marks without our prior written consent (which may be given or withheld at our discretion). 3. Security and Acceptable Use (a) You must: - ensure you are authorised to use the App and the Website to access the information and Data that you input into the App, including any information or Data input into the Website by any person or third party you have authorised to use the Products; - ensure that all consents and all other rights that are necessary are obtained from the relevant third party to enable a person nominated by you to sync (including through the App) their devices with any information that we may provide to you as part of our Services; - keep all security information provided to you in connection with your use of the App secret and confidential. You must not share or disclose any such security information with any third party or allow another person to access the App using your security information; - will immediately notify us if you are aware of, or have any reason to suspect of believe that, any Content or any of your security information or your device has been lost, compromised or misused in any way; and - you accept complete responsibility for any materials uploaded to the App by you (including all Content) and agree to indemnify us and any of its affiliates and employees from and against any and all claims or loss sustained or incurred by any of them arising out of or in connection with such materials. (b) You must not: - use the App (in whole or in part) for any purpose other than as expressly permitted in this EULA; - request or send email invitations through the App without the relevant recipient's consent; - use or otherwise post content or take any action in respect of materials and other content that we may provide to you through the App that may or will infringe or violate the rights of a third party or that may or will otherwise violate any applicable laws (including court orders); - access or use the App in an unlawful way or for an unlawful purpose; - do anything (or fail to take action) that would otherwise result in us or any other person breaching any law or obligation; - facilitate or encourage any breaches of this EULA or our policies (including our Privacy Policy); - post unauthorised commercial communications (such as spam) through the App; - collect Content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission through or in connection with the App; - upload viruses or other malicious code; - solicit login information or access an account belonging to a third party; - do anything (or take any action or fail to take any action) that may disable or impair the proper working or appearance of the App or our systems; - do anything misleading, malicious, or discriminatory through the App; - attempt to gain unauthorised access to any user accounts or computer systems or networks used in connection with the App or our Services; - sell, rent, lease, transfer, sub-licence, provide service bureau or timeshare services, distribute or otherwise make the App available to a third party for any reason; - modify, translate, copy, reverse engineer, decompile, disassemble, re-engineer or otherwise create (whether directly or indirectly) the source code of the App or its structural framework; - modify or create derivative works of the App; and - allow or permit others, directly or indirectly, to perform any of the actions referred to above. Links to Third Party Sites You may link to third party sites through the use of the App. The third party sites are not under the control of erly. You acknowledge and agree that: - if you click on any such link, you are entering such third party's site; - we have no responsibility or control for any such third party site; and - any such links does not imply affiliate, endorsement or adoption by us of the linked site or other information on that site; and - we are not liable in any way for any loss or damage incurred as a result of any such links. Data and Records erly or our service providers may collect, retain and use records and other data and information relating to your use of the App and the Content, including the history of use. You agree and will ensure that any person or individuals who receive services or whose information is disclosed to us, in connection with the App and/or this EULA, are aware that we may use and disclose information about you and each of them in accordance with our Privacy Policy (as amended by us from time to time), which is available at https://theerly.app/privacy-policy.html or by contacting us. Suspension and Termination To terminate an Account, the User must do so by sending a written notice to support@erly.app and providing us with one month’s written notice. Following this the User must delete all copies of the App from all their devices. It is the User’s responsibility to retrieve all necessary data from their Account prior to termination. We may terminate the Terms immediately, in our sole discretion, if: - you breach any of these Terms; we reasonably suspect that you are attempting to reverse engineer or hack the Software that is provided to you; we consider that a request for a licence is inappropriate, improper or unlawful; you fail to provide us with clear or timely instructions to enable us to provide you with a licence; we consider that our working relationship has broken down including a loss of confidence and trust; actual or intentional verbal or written abuse is presented; where the User is an individual, an order for the appointment of a trustee in bankruptcy or analogous step is taken; or for any other reason outside our control which has the effect of compromising our ability to provide you with the required Software or licence within a required timeframe. - If payment of subscription fees and/or charges is not made in full by the relevant due date, we may suspend or terminate your use of the App and Service and your rights of access to all or any Data. We may, without notice to you or any person: remove any Content or information that is provided or made available through the App if we believe that it violates this EULA or any of our policies; and/or withdraw, suspend or discontinue the App or any functionality or feature of the App; refuse to provide access to the App or any Content to any person, or to prohibit any person from using the App or receiving any such Content, at any time at our discretion; and/or maintain, delete or destroy all Content and materials provided or made available through the App. On termination of this EULA you will remain liable for any accrued charges and amounts which become due for payment before or after termination; and immediately cease to use the App and Service. Warranty and Exclusion of Liability We do not guarantee that the App or Content (or any part of either of them) will be provided on a continuous basis or that either of them (or any part of them) are fault free. You acknowledge and agree that the App and Content is provided "as is" and "as available" and, to the maximum extent permitted by law, without any warranty of any kind, express or implied. Apple or Google have no obligations under any warranty or under this EULA. To the maximum extent permitted by law, we exclude all other warranties, rights, remedies and liability to you or a third party for breach of contract, negligence or breach of any other law. Under no circumstances will we or any licensor or supplier or Apple or its subsidiaries, or Google or its subsidiaries be liable in any way for: your use of the App or any Content accessed, including any errors or omissions in any Content, any infringement by any Content of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of any Content; and any punitive, exemplary, consequential, incidental, indirect or special damages (including any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) howsoever arising from or in connection with your use of the App or Content. For any liability which cannot lawfully be excluded, but can be limited, our liability is limited to the actual damages you incur in reasonable reliance of the Service up to $200 AUD. You hereby release and agree to hold harmless, erly, its licensors and suppliers and Apple and Google from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the App and Content. Apple and Google have no obligations under this EULA including no obligation to indemnify you for any third party claims, any responsibility for the operation of the App, or any provision of maintenance or support for the App. General We may, from time to time, change the terms of this EULA. You agree to review any such changes and, if you continue to use the App after any such changes, are taken to have agreed to all such changes and have agreed to be bound by them. Apple, as well as its subsidiaries, and Google, as well as its subsidiaries, are third party beneficiaries of this Agreement and as such have the right to enforce the terms and conditions of this Agreement against you. The laws of the State of New South Wales apply to this EULA. In this EULA: a reference to this EULA includes all its parts, and includes any amendment to or replacement of them; a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; a reference to a party includes a reference to the party's executors, administrators, successors and assigns; the singular includes the plural, and vice versa; and "includes", "including", "for example", "such as" and similar terms are not words of limitation. |