Effective as of 28 April 2020
Grant of Licence and use restrictions
Subject to these Terms, we grant you a non- exclusive, non-transferable, non-sub licensable right to access and use the Software solely for use in the generation, hosting and updating of your (‘Website’). You may not access or use the Software for any other purpose. All other rights are expressly reserved to us. You must not:
- resupply or distribute the Software to any third party;
- copy, reproduce, translate, transmit, modify, reverse engineer, decompile, or disassemble the Software;
- attempt to circumvent any software protection mechanisms in the Software, including any mechanisms used to restrict or control Software functionality;
- remove any copyright, trade mark, or proprietary rights notices included in or on the Software;
- disrupt or interfere with the Software’s operation or other user’s use and enjoyment of the Software; or
- use the Software to directly or indirectly breach any applicable law or regulation; or
- use the images included in the Software in any other way not related to your Website; or
- use the Software in any objectionable way.
Account, Password and Information
We may impose periodic subscription fees that you must pay to use the Software or specific functionalities (‘Subscription’). In consideration for your right to access and use the Software, you will pay such Subscription fees at the times and in the manner notified to you by us, the Apple App Store or Google Play Store, (collectively ‘App Store’).
Intellectual Property and Licence to Data
The Software is protected under copyright and other laws of New Zealand and other jurisdictions. All intellectual property rights in the Software (and any modifications or enhancements) shall belong to us or our licensors. You may not use or reproduce our trade marks for any reason. By using the Software you grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, licence to use the data sent to, stored within or otherwise processed or created by use of, the Software, for the purposes of improving our products and services.
To the fullest extent permitted by law, we exclude all liability in relation to the Software whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of savings and loss of opportunity). We do not represent that the:
- use of the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- Software will meet your specific requirements or expectations, or that the Software, or any data or information, will be error-free, complete, correct or be kept and accessible for any period of time.
We welcome all feedback, comments and suggestions for improvements to the Services (‘Feedback’). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant us a non-exclusive, perpetual, worldwide, irrevocable, royalty free, licence, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
You grant us the right to upgrade your n8 product and your associated Website it generates. We reserve the right to:
- modify, suspend, or cease providing the Software, or any information or feature in it, at any time without notice; and
- change these Terms from time to time, and by continuing to access or use the Software following notification of the changes you accept the revised Terms. You consent to receive communications from us electronically.
Suspension and Termination
If you breach any of these Terms we may at our discretion suspend or terminate your account and your use of the Software, or particular features of this Software, effective immediately without prior notice. If these Terms are terminated by either party for any reason, we may (but are not obliged to) destroy the data stored within, and related to, the Software, without prior notice. If you cancel your Subscription you can keep using the Subscription until the next billing date, n8 does not offer refunds.
These Terms shall be governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms.