This Prevue User Agreement ("Agreement") is made by and between Commotion Games Pty Ltd, trading as Prevue App ("Provider") when the Customer is located in Australia or New Zealand, and the undersigned customer ("Customer") (collectively, the "Parties"). By paying your first month's subscription, you agree to the following terms and conditions.
Definitions
Effective Date: Date of sign-up
Renewal date: 1 month after the initial payment and each month thereafter, or the closest applicable business day.
Initial Term: 1 month for monthly sign-ups (charged monthly).
1. Services
Provider shall supply the Prevue App software service ("Service") to the Customer in accordance with the terms of this Agreement.
2. Terms
This Agreement commences on the Effective Date and continues for the agreed Initial Term. It will automatically renew for successive one (1) month periods ("Renewal Term") unless terminated by either Party with thirty (30) days' written notice before the end of the Initial Term or any Renewal Term.
3. Fees
The monthly fee for the service is based on the attached provider's pricing schedule. Fees are due and payable monthly in advance. This contract is secured by a credit card provided by the Customer, which will be charged on the renewal date each month.
4. Early Termination
If the Customer terminates this Agreement before the end of the Initial Term, the Customer must pay the fees due for the remainder of the Initial Term.
5. Use of Service
The Customer shall not use the Service for any illegal or immoral purposes. A breach of this provision constitutes a material breach of this Agreement. Prevue App reserves the right to cancel the Customer’s service for any inappropriate or abusive use of the product.
6. Data Use and Privacy
The Customer consents to the Provider using data collected through the Service for analysis and value-added services under the following conditions:
a. Confidentiality of Data: The Provider will maintain the confidentiality of all collected data as diligently as its own confidential information.
b. Privacy and Identity Protection: The Provider will safeguard the data against unauthorized access or use, upholding privacy and identity protection.
c. Anonymization: Where applicable, data will be anonymized to prevent the disclosure of identifiable information unless required by law or agreed upon.
d. Compliance with Laws: Both Parties agree to comply with all relevant data protection, privacy, and security laws and regulations.
7. Cancellation
After the Initial Term, if on the monthly payment plan, the Customer may cancel the Service by providing at least thirty (30) days' written notice to the Provider.
8. Business Use
The signing party confirms they are acting on behalf of a business entity and have the authority to bind said entity to the terms of this Agreement.
9. Confidentiality
Both Parties agree to keep confidential information exchanged under this Agreement confidential and use it solely for Agreement-related purposes.
10. Limitation of Liability
Except in cases of gross negligence or willful misconduct, neither Party is liable for indirect, special, incidental, punitive, or consequential damages arising from this Agreement.
11. Dispute Resolution
Disputes under this Agreement will first be attempted to be resolved through negotiations. Unresolved disputes will go to binding arbitration according to the rules of the applicable arbitration body.
12. Compliance and Regulations
The Customer commits to complying with all relevant laws and regulations in their use of the Service, especially concerning data privacy and protection.
13. Intellectual Property
Unless expressly agreed in writing between the Parties, all data, developments, and intellectual properties generated through the use of the Service shall revert to the Provider.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the following jurisdictions, based on the Customer's location.
15. Free Plan User Terms
For users accessing the Service under a free plan:
a. Limited Access: Free users will have limited access to Service features as specified by the Provider.
b. Data Retention: Data generated by free users may be deleted after a certain period or due to account inactivity.
c. Upgrade Option: Free users can upgrade to a paid plan to access additional features and data retention benefits.
d. Termination: The Provider reserves the right to terminate free user accounts at any time with or without notice, especially in cases of inactivity or misuse.
e. No Warranty: The Service is provided "as-is" for free users with no express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
16. Invited User Terms
For users invited to use the Service by another user of the same organization:
a. Access and Use: Invited users will have access to the Service based on the permissions set by the inviting colleague or organization.
b. No Direct Fees: Invited users will not be charged directly; any fees will be covered by the inviting party's subscription plan.
c. Data Use: Invited users' data will be treated according to the privacy policies in Section 6.
d. Termination of Access: The Provider or the inviting party may terminate an invited user's access at any time with or without notice.
e. Compliance: Invited users must comply with all terms of this Agreement and any additional guidelines provided by the inviting party.
17. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, whether written or oral, related to its subject matter. The Provider reserves the right to modify these terms without notice to the Customer.
15. Free Plan User Terms
Hubit reserves the right to modify or replace these Terms at any time. The most current version of the Terms will supersede all previous versions. It is your responsibility to check the Terms periodically for changes.
How to Contact Us
We appreciate your business! If you have any questions or concerns, please reach out:
Email: hello@prevueapp.io
Hubit reserves the right to modify or replace these Terms at any time. The most current version of the Terms will supersede all previous versions. It is your responsibility to check the Terms periodically for changes.
