Enactable Pty Ltd (ACN 700 764 156)
You may use the Service only if you can form a binding contract with EPL by way of subscription and only in compliance with these T&Cs and all applicable local, state, national, and international laws, rules and regulations.
Please see our website for available features. When you sign up for an account with EPL, you will be asked to provide your name, a valid email address, mobile phone number, to create a secure password and to provide valid Credit Card details when asked to complete the signup process. As the account creator, you are the Account Owner. You have sole control over the account and can invite or remove additional users to your account. Additional Fees will be applied for each additional user you invite into your account.
As an Account Owner, you are responsible for maintaining the security of your account and password, for providing accurate and complete information, for keeping your account information current, and for the activities of all users and logins associated with your account. You must notify EPL immediately of any breach of security or unauthorised use of your account. EPL cannot and will not be liable for any loss or damage from any unauthorised use of your account or your failure to comply with these obligations. You may not use the Service for any purpose that is competitive to EPL as determined solely by EPL.
By providing EPL your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service, new and special offers. If you do not want to receive such email messages, you may opt out of the received email communications. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
When you use our Services, you can choose to host things like information, data, content or materials, including, without limitation, any and all image(s), text, photograph(s), video(s), sound recordings and associated meta data (collectively, "Your Content") with EPL. We claim no intellectual property rights to Your Content. EPL will not review videos or assume responsibility for the Content of any videos.
By agreeing to these Terms and Conditions, you grant your permission for EPL to host Your Content, backing it up, and sharing it when you activate sharing options. Accordingly, by posting, submitting, publishing, displaying, transmitting or otherwise making available any of Your Content on or through the Services, you hereby grant EPL a worldwide, non-exclusive, royalty-free, sub-licenceable and transferable licence to use Your Content in connection with our provision of the Services to you.
In connection with Your Content, you affirm, represent and warrant the following:
EPL takes no responsibility and assumes no liability for any of Your Content that you or any other user or third party posts, sends, or otherwise makes available over the Service. You are solely and fully responsible for Your Content and for all materials that you or anyone associated with your account post, host, upload, download, create, access, publish, share or transmit using the Services.
Any EPL software, images, text, graphics, illustrations, trademarks, service marks, logos, patents, copyrights, photographs, audio, videos, music and/or other brand features (collectively, "EPL Content") or any intellectual property rights related to any of the foregoing are protected by copyright, trademark and related Australian laws. These T&Cs do not grant you any right, title or interest in the Services, any materials therein or transferred thereby, including without limitation, EPL Content that is the exclusive property of EPL. Except as otherwise provided in these T&Cs, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of EPL Content. Use of EPL Content for any purpose not expressly permitted by these T&Cs is strictly prohibited.
Our Services allow you to download client software ("Software") which may update automatically from time to time. So long as you comply with these T&Cs, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Services, including without limitation to download and use the Software on your personal computing device or mobile device for the sole purpose of accessing and using the Services.
The Software may use or include third party components, content, other copyrighted material, and/or open source software which may be subject to certain "open source" or "free software" licences. The use of such material is governed by their respective terms. You agree not to copy, distribute, modify, reverse engineer or de-compile the Software, attempt to do so, or assist anyone in doing so.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported per these T&Cs. We reserve the right to delete or disable content alleged to be infringing and to block or terminate accounts of infringers.
The Services may contain links to third-party materials that are not owned or controlled by EPL. EPL does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share Your Content on or through any third-party website or service, you do so at your own risk, and you understand that these T&Cs and EPL's Privacy Policy do not apply to your use of such sites. You expressly relieve EPL from any and all liability arising from your use of any third-party website, service, or content.
EPL uses commercially reasonable safeguards to preserve the integrity and security of your personal information, your content and to implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes.
If you choose to subscribe to EPL for the use of EPL Services, we'll automatically bill you from the date you start your subscription and on each anniversary date following that date. B2C Subscriptions for EnactOS PRO Services and EnactOS ENTERPRISE services may be offered as Annual or Monthly subscriptions and are paid up front for 12 months (Annual) or by the month (for a minimum 12 month subscription) at the time of completing registration.
B2B Subscriptions for cinchVIDEO Services are available as Monthly or Annual Subscriptions, selected at the time of registration. Services are auto-renewed on each Monthly or Annual anniversary going forward from that time.
All transactions for new and renewing subscriptions are quoted, stated, charged and processed in Australian Dollars (AUD).
At the time that each registration is completed, the next anniversary date is recorded as the auto-renewal date, at which time the subscription will renew for the next period unless the Auto-Renew option is disabled. If auto-renew is disabled, access to the account, all stored media and distribution activity will be disabled to all users, including the Account Owner, until such time as it is re-enabled by the Account Owner.
Unless you opt out of recurring auto-renew payments, you hereby expressly agree that we may submit periodic charges consistent with each Subscription Period without further authorisation from you until you purposely and expressly disable the auto-renew function. All fees related to the subscription are fully earned upon payment.
We reserve the right to suspend or cancel any subscription or to reduce your paid Services to free levels, in each case, if we are unable to successfully charge your payment method to renew your subscription, if you don't pay for your account on time, or in the event of any other breach by you of these T&Cs.
You will not be eligible for a pro-rated refund of any portion of the subscription fees paid for any unused days of the then-current Subscription Period, unless such refund is legally required in the region where you live. If you live in a region where we're legally required to issue a refund on early cancellation please email: accounts@enactable.ai.
If for some unforeseen reason your complete access to EPL Services is unavailable for a continuous period of more than 14 Days due to a matter within our control, you may be eligible (at our discretion) for a credit of a pro-rated amount for the period of the service outage.
Our third-party payment processors will charge your fees for your account and any other charges you may incur to the payment method you provide when you register for a EPL account. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with EPL must be accurate, complete, and current. You may change your payment method by changing the information in your Account Management screen.
Prices are subject to change. We may change the subscription fees for the EPL Services in effect but will give you advance notice of these changes via a message to the email address associated with your account. Any price changes will take effect following such notice.
You're responsible for your conduct, Your Content and the conduct and content of all users associated with your account. EPL Content, including without limitation, the content of other users using the Services may be protected by others' intellectual property rights and you must not copy, upload, download or share content unless you have the right to do so.
You agree not to misuse the Services or help anyone else to do so. For example, you will not do any of the following in connection with the Services:
Any complaints (other than claims of copyright infringement) regarding violations of this Acceptable Use Policy should be reported to service@enactable.ai. You should include in any report enough details for us to investigate such complaint.
You're free to stop using EPL Services at any time. We also reserve the right to suspend or end the Services, or to modify or discontinue any feature of the Service, at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these T&Cs or are using the Services in a manner that in our reasonable determination would expose us to legal liability, violate any applicable law, rule or regulation, disrupt the Services or disrupt others' use of the Services.
Except for paid accounts, we reserve the right to terminate and delete your account, including all stored content attributed to that account, if you haven't accessed our Services for 12 consecutive months. You are responsible for all fees due through the month in which the termination is effective.
By accessing or using these EPL Services, you agree to the following non-disparagement clause:
You agree not to engage in any form of disparagement, defamation, or negative comments about our company, its employees, officers, directors, products, services, or reputation, whether orally, in writing, or through any other means, including but not limited to social media, forums, review platforms, or public discussions.
This prohibition applies to any statements or communications that may harm or damage our company's reputation or the reputation of our employees, officers, or directors. It includes but is not limited to false statements, misleading information, malicious rumours, negative reviews, or any other actions that could reasonably be considered harmful.
While we encourage constructive feedback and suggestions for improvement, any feedback or criticism provided should be made in good faith and with the intention of aiding the development and enhancement of our services. Such feedback should not include any disparaging or defamatory statements.
In the event of a violation of this non-disparagement clause, we reserve the right to take appropriate actions, including but not limited to legal remedies, seeking injunctive relief, pursuing damages, and termination or suspension of your access to the Service without prior notice or liability.
If any provision of this non-disparagement clause is found to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect.
Any waiver, amendment, or modification to this non-disparagement clause must be made in writing and signed by both parties. Failure to enforce any provision of this clause shall not be construed as a waiver of any subsequent breach or provision.
By continuing to use our Service, you acknowledge that you have read, understood, and agree to abide by this non-disparagement clause as an essential term of these terms and conditions.
You agree to defend, indemnify and hold harmless EPL and its directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the App or arising from or in connection with the contents of your video and audio recordings or photos. Any network, data or telecommunications costs associated with using the App for the acquisition and submission of Content to any of the EnactOS Services remain your responsibility and are dependent on the Internet service provider used.
Enactable Pty Ltd and its associated agencies and companies shall not be liable for any loss (including, without limitation, indirect or consequential loss) or damage to profit, revenue, savings, data, stored media, content, use, contract, goodwill, business damage, personal injury or death which is suffered or sustained in connection with the use of any of the Mobile App, Web App or any Services provided by Enactable Pty Ltd, except any liability that cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
This Agreement shall be construed in accordance with the laws of the State of New South Wales, Australia without regard to its conflicts of law principles.
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