Terms of service

These Terms of Use (Terms) govern your use of our website (Site) and our products, software and service (collectively, Services), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appeared on the Services (collectively, Content) and form a binding contractual agreement between you, the user of the Site and us, Social.IQ Pty Ltd ACN 161 229 018.

For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at Support.

By using the Site you acknowledge and agree that you have sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

1. Licence to use

1.1       We grant you a non-exclusive, worldwide, non-transferable licence to use the Services in accordance with the terms and conditions set out in these Terms.

1.2       You may access and use the Services (including any incidental copying that occurs as part of that use) in the normal manner.

1.3       The Site contains links to other websites as well as Content added by people other than us. We do not endorse, sponsor or approve any such user generated Content or any content available on any linked website.

1.4       You acknowledge and agree that the Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

1.5       We may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms. We may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or ours customers generally without prior notice. In the event of a permanent stop, you will be refunded for any period you have paid for in advance that the Services are no longer available for.

1.6       You acknowledge and agree that the Services allow you to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) (Third Party Service Providers). You agree to comply with the relevant terms and conditions of any such Third Party Service Providers.

2. Content

2.1       You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. We will not be held responsible for your use of the Services or for any such Content.

2.2       You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. We do not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services.

2.3       We have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Services. We may (but has no obligation to) remove Content and accounts containing Content that we determine in our sole discretion to be unlawful, offensive, harmful, inaccurate, otherwise inappropriate or deceptive, or that violates any party's intellectual property.

2.4       You must not add any Content to the Services:

(a)        unless you hold all necessary rights, licences and consents to do so;

(b)        that would cause you or us to breach any law, regulation, rule, code or other legal obligation;

(c)        that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

(d)        that would bring us, or the Services, into disrepute;

(e)        that is unsolicited email, SMS or spam;

(f)         that is a worm, virus or any code of a destructive nature; or

(g)        that infringes the intellectual property or other rights of any person.

3. Account

3.1       You must provide your legal name, a valid email address, and any other information requested in order to complete the account sign-up process.

3.2       You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. We will not be responsible for any loss or damages resulting from your failure to comply with this obligation.

3.3       If you wish to cancel your account, you may do so on our Site. The cancellation will take effect immediately and we may delete all of your Content from the Services. Your Content cannot be recovered after cancellation.

4. Use

4.1       You may only use the Services to access Content on our Site and to access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms and any terms specified by the Third Party Service Providers.

4.2       You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through our currently available interfaces.

4.3       You may not use the Services for any illegal or unauthorised purpose, including in any way that violates copyright or other laws applicable in Australia or otherwise applicable to you.

4.4       You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.

4.5       You may not, without our prior written consent (including the consents granted by these Terms):

(a)        copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services;

(b)        decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law);

(c)        make derivative works of the Services; or

(d)        modify another website so as to falsely imply that it is associated with the Services or us.

5. Payments

5.1       If you are purchasing Services from us, you must provide us with a valid payment method.

5.2       Purchased Services are billed in advance on a monthly basis and are non-refundable. This means that there will be no refunds for partial months (or years) of service, or for months where the Services were unused.

5.3       Subject to clause 5.4, all fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes, levies, withholdings or duties in addition to the fees.

5.4       If you are based in Australia then all fees are inclusive of goods and services tax.

5.5       Prices are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes on our Site.

6. Intellectual Property Rights

6.1       Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Services and our Content.

6.2       By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

6.3       You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

6.4       You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 6.2 and 6.3.

6.5       You agree that we may identify you as a customer in our promotional material. You may request that we cease identifying you as a customer at any time by submitting an email tosupport@socialiqapp.com. Requests may take up to 30 days to process.

6.6       You acknowledge that certain features of the Services allow us to collect and track metrics, and generate analytics relating to URLs shortened using the Services, bundles of shortened URLs created using the Services, and other metrics and analytics related to use of the Services (collectively, Link Metrics). Link Metrics include but are not limited to:

(a)        history of all URLs shortened by a particular user;

(b)        history of all clicks on a shortened URL;

(c)        history of all sharing of a shortened URL through Third Party Service Providers;

(d)        history of referral URLs for clicks of a shortened URL;

(e)        history of IP addresses used to access a shortened URL; and

(f)         visual presentation of any or all of the above.

6.7       You acknowledge and agree that we own all intellectual property rights in the Link Metrics.

7. Warranties

7.1       You represent and warrant to us that:

(a)        you have the legal capacity to enter into these Terms; and

(b)        you have complied with clause 2.4

8. Liability

8.1       To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

8.2       To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

8.3       These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a)        in the case of goods:

(i)         the replacement of the goods or the supply of equivalent goods;

(ii)        the repair of the goods;

(iii)       the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv)       the payment of having the goods repaired, and

(b)        in the case of services:

(i)         the supply of the services again; or

(ii)        the payment of the cost of having the services supplied again.

9. Termination

9.1       These Terms terminate automatically if, for any reason, we cease to operate the Site.

9.2       We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

9.3       Clauses 2.3, 2.4, 4.2 to 4.5, 6.1 to 6.3, 6.5, 8.1 to 8.3 and 10.5  shall survive termination of these Terms.

10. General

10.1     You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.

10.2     You acknowledge and agree that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Further, you acknowledge and agree that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and involve transmissions over various networks, through various countries and changes to conform and adapt to technical requirements of connecting networks or devices.

10.3     If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

10.4     Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

10.5     This Agreement is governed by the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

10.6     We may update and change these Terms from time to time without notice. Continued use of the Services after any such change shall constitute your consent to such changes. You are responsible for regularly checking the most current version of these Terms which are available on our Site.

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